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 it or any of its Subsidiaries or upon the income, profits or property of it or any of its Subsidiaries and (b) all 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 it 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 the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 16 contracts

Samples: Indenture (Light & Wonder, Inc.), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

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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, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of it the Company or any of its Subsidiaries Restricted Subsidiary and (bii) all lawful claims for labor, materials and supplies supplies, which, in each case, if unpaid, might by law become a material liability or Lien lien upon the property of it 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 the amount, applicability or validity of which is being contested in good faith by appropriate proceedings actions and for which adequate provision has been made or for which adequate appropriate reserves, to if necessary (in the extent required under GAAPgood faith judgment of management of the Company), have been established are being maintained in accordance with GAAP or where the failure to effect such payment or discharge is will not adverse in any material respect be disadvantageous to the Holders.

Appears in 14 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Deluxe Corp), Indenture (Libbey 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 it or any of its Restricted Subsidiaries or upon the income, profits or property properties of it or any of its Restricted Subsidiaries and (bii) all material lawful claims for labor, materials materials, supplies and supplies which, in each caseservices that, if unpaid, might by law become a material liability or Lien upon the property of it or any of its Restricted Subsidiaries; except for such noncompliances as are not in the aggregate reasonably likely to have a material adverse effect on the financial condition or results of operations of the Company and its Restricted Subsidiaries as a whole; 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 the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 11 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International LLC)

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 it or any of its Subsidiaries or upon the income, profits or property of it or any of its Restricted Subsidiaries and (b) all 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 it 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 the whose amount, (i) the applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate appropriate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or (ii) where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 10 contracts

Samples: Indenture (Clean Harbors Inc), Clean Harbors Inc, Indenture (Clean Harbors 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 it or any of its Subsidiaries or upon the income, profits or property of it or any of its Restricted Subsidiaries and (b) all 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 it 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 the whose amount, (i) the applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate appropriate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or (ii) where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 8 contracts

Samples: Covenants (Encompass Services Corp), Building One Services Corp, Pacer Express 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 it or any of its Subsidiaries or upon the income, profits or property of it or any of its Restricted Subsidiaries and (b) all 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 it or any of its Restricted Subsidiaries; provided, however, that neither the Company nor any such Restricted Subsidiary shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim the whose amount, (i) the applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate appropriate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or (ii) where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 5 contracts

Samples: Quality Distribution Inc, Quality Distribution Inc, Quality Distribution 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 it or any of its Subsidiaries or upon the income, profits or property properties of it or any of its Subsidiaries and (bii) all lawful claims for labor, materials and supplies which, in each casethat, if unpaid, might by law become a material liability or Lien upon the property of it 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 if either (a) the amount, applicability or validity of which thereof is being contested in good faith by appropriate proceedings and for which an adequate provision reserve has been made or for which adequate reserves, established therefor to the extent required under GAAP, have been established by generally accepted accounting principles then in effect or where (b) the failure to effect make such payment or effect such discharge is (together with all other such failures) would not have a material adverse in any material respect to effect on the Holdersfinancial condition or results of operations of the Company and its Subsidiaries, taken as a whole.

Appears in 5 contracts

Samples: Indenture (Gaylord Container Corp /De/), Covenants (Duane Reade Inc), Indenture (Gaylord Container Corp /De/)

Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon it or any of its Subsidiaries or upon the income, profits or property properties of it or any of its Subsidiaries and (bii) all lawful claims for labor, materials and supplies which, in each casethat, if unpaid, might by law become a material liability or Lien upon the property of it 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 if either (a) the amount, applicability or validity of which thereof is being contested in good faith by appropriate proceedings and for which an adequate provision reserve has been made or for which adequate reserves, established therefor to the extent required under GAAP, have been established by GAAP or where (b) the failure to effect make such payment or effect such discharge is (together with all other such failures) would not have a material adverse in any material respect to effect on the Holdersfinancial condition or results of operations of the Company and its Subsidiaries, taken as a whole.

Appears in 3 contracts

Samples: Doe Run Resources Corp, Indenture (Doe Run Resources Corp), Industrial Fuels Minerals Co

Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any of its Subsidiaries Subsidiary or upon the income, profits or property of it the Company or any of its Subsidiaries Subsidiary and (bii) all lawful claims for labor, materials and supplies supplies, which, in each case, if unpaid, might by law become a material liability or Lien lien upon the property of it 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 the whose amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate appropriate reserves, to if necessary (in the extent required under GAAPgood faith judgment of management of the Company), have been established are being maintained in accordance with GAAP or where the failure to effect such payment or discharge is will not adverse in any material respect be disadvantageous to the Holders.

Appears in 3 contracts

Samples: Ne Restaurant Co Inc, Georgia Gulf Corp /De/, Bertuccis of White Marsh 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 levied or imposed upon it or any of its Subsidiaries or upon the income, profits or property of it or any of its Subsidiaries and (bii) all 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 it 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 the (i) whose amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate appropriate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or (ii) where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Panolam Industries International Inc), Aearo CO I

Payment of Taxes and Other Claims. The Company will shall and shall cause each of its Subsidiaries to pay or discharge or cause to be paid or discharged, before the same shall become delinquentany penalty accrues thereon, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any of its Subsidiaries or Subsidiary upon the income, profits or property of it the Company or any Subsidiary of its Subsidiaries the Company and (bii) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might would by law become a material liability or Lien upon the property of it the Company or any Subsidiary of its Subsidiariesthe Company; provided, however, provided that neither the Company nor any Subsidiary of the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (World Financial Properties L P), World Financial Properties L P

Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before any penalty accrues from the same shall become delinquentfailure to so pay or discharge, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any of its Subsidiaries Subsidiary or upon the income, profits or property of it the Company or any of its Subsidiaries Subsidiary, 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 it the Company or any of its SubsidiariesSubsidiary except for Permitted Liens; 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 the amount, applicability or validity of which is being contested in good faith by appropriate proceedings properly instituted and diligently conducted and for which adequate provision (in the good faith judgment of management of the Company) has been made or for which adequate reserves, to the extent required under GAAP, have been established or where the failure to effect such payment or discharge is not adverse in any material respect to the HoldersHolders or is not materially adverse to the Company and its Subsidiaries taken as a whole or to the ability of the Company to otherwise satisfy its obligations hereunder.

Appears in 2 contracts

Samples: Indenture (Mettler Toledo Holding Inc), Mettler Toledo Holding 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 it or any of its the Subsidiaries or upon the income, profits or property of it or any of its the Subsidiaries and (b) all 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 it or any of its the 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 the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established taken or where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Autotote Corp), Autotote 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, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of it the Company or any of its Subsidiaries Restricted Subsidiary and (bii) all lawful claims for labor, materials and supplies supplies, which, in each case, if unpaid, might by law become a material liability or Lien upon the property of it 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 the whose amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate appropriate reserves, to if necessary (in the extent required under GAAPgood faith judgment of management of the Company), have been established are being maintained in accordance with GAAP or where the failure to effect such payment or discharge is will not adverse be disadvantageous to the Holders in any material respect to the Holdersrespect.

Appears in 1 contract

Samples: Indenture (Global Imaging Systems 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, (a) all material taxes, assessments and governmental charges levied or imposed upon it or any of its Subsidiaries or upon the income, profits or property of it or any of its Subsidiaries and (b) all 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 it or any of its Subsidiaries; 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 the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: www.aspecthuntley.com.au

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 it or any of its Subsidiaries or upon the income, profits or property properties of it or any of its Subsidiaries and (bii) all lawful claims for labor, materials and supplies which, in each casethat, if unpaid, might by law become a material liability or Lien upon the property of it 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 if either (a) the amount, applicability or validity of which thereof is being contested in good faith by appropriate proceedings and for which an adequate provision reserve has been made or for which adequate reserves, established therefor to the extent required under GAAP, have been established by GAAP or where (b) the failure to effect make such payment or effect such discharge is (together with all other such failures) would not have a material adverse in any material respect to effect on the Holdersfinancial condition or results or operations of the Company and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Dominicks Supermarkets 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 it or any of its the Subsidiaries or upon the income, profits or property of it or any of its the Subsidiaries and (b) all 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 it or any of its the 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 the amount, applicability or validity of which is being contested in good faith by appropriate proceedings properly instituted and diligently conducted and for which adequate appropriate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or where the failure to effect such payment pay or discharge is the same would not have a material adverse in any material respect effect on the ability of the Company to perform its obligations under the HoldersSecurities or this Indenture.

Appears in 1 contract

Samples: Leslies Poolmart 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 levied or imposed upon it the Company or any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of it the Company or any of its Subsidiaries Restricted Subsidiary and (bii) all lawful claims for labor, materials and supplies supplies, which, in each case, if unpaid, might by law become a material liability or Lien lien upon the property of it 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 the whose amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate appropriate reserves, to if necessary (in the extent required under GAAPgood faith judgment of management of the Company), have been established are being maintained in accordance with GAAP or where the failure to effect such payment pay or discharge is the same would not have a material adverse in any material respect effect on the ability of the Company to perform its obligations under the HoldersSecurities or this Indenture.

Appears in 1 contract

Samples: Indenture (Mq Associates 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 it or any of its Subsidiaries or upon the income, profits or property properties of it or any of its Subsidiaries and (bii) all material lawful claims for labor, materials materials, supplies and supplies which, in each caseservices that, if unpaid, might by law become a material liability or Lien upon the property of it or any of its 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 the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate reserves, to the extent required under un- der GAAP, have been established taken or where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Cambridge Industries 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, (ai) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon it or any of its Subsidiaries or upon the income, profits or property properties of it or any of its Subsidiaries and (bii) all material lawful claims for labor, materials materials, supplies and supplies which, in each caseservices that, if unpaid, might by law become a material liability or Lien upon the property of it or any of its 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, assessment, charge or claim claim, the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established taken or where the failure to effect such payment or discharge is not adverse in any material respect to the Holders. SECTION 4.05.

Appears in 1 contract

Samples: Universal Hospital 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 delinquentany penalty accrues thereon, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any of its Subsidiaries or upon the income, profits or property Property of it the Company or any of its Subsidiaries and (bii) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might would by law become a material liability or Lien upon the property of it the Company or any of its Subsidiaries; provided, however, provided 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 claims the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or where the failure to effect such payment or discharge is not adverse in any material respect to the Holdersinterests of the holders of the Notes.

Appears in 1 contract

Samples: Securities Purchase Agreement (Triumph Connecticut LTD Partnership)

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 it or any of its Subsidiaries or upon the income, profits or property of it or any of its Subsidiaries and (b) all 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 it 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 the whose amount, (i) the applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate appropriate provision has been made or for which adequate reserves, to the extent required under GAAP, have been established or (ii) where the failure to effect such payment or discharge is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Quality Distribution Inc

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