Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group to, pay, settle or discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit Party or any member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would have a Material Adverse Effect.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Pan Pacific Retail Properties Inc), Term Credit Agreement (Pan Pacific Retail Properties Inc)
Payment of Taxes and Other Indebtedness. Each of the Credit Parties Party will, and will cause each member of the Consolidated Group their respective Subsidiaries to, pay, settle or discharge
pay and discharge (a) all taxes (including, without limitation, any corporate or franchise taxes), assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such no Credit Party or any member of the Consolidated Group their respective Subsidiaries shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would could give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would could have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (CNL Retirement Properties Inc), Credit Agreement (CNL Retirement Properties Inc)
Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the its Consolidated Group Subsidiaries to, pay, settle or discharge
pay and discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such a Credit Party or and any member of the its Consolidated Group Subsidiaries shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would could give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would could have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Veritas Software Corp /De/), Credit Agreement (Veritas Software Corp /De/)
Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
(a) discharge all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit a Consolidated Party or any member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would have a Material Adverse Effect.
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Payment of Taxes and Other Indebtedness. Each of the Credit Parties Party will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
pay and discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might could reasonably be expected to give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit no Consolidated Party or any member of the Consolidated Group Unrestricted Subsidiary shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would could reasonably be expected to give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would could reasonably be expected to have a Material Adverse Effect.
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Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member all of the Consolidated Group its Subsidiaries to, pay, settle or discharge
(a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such a Credit Party or any member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise have or would be reasonably expected to an immediate right to foreclose on a Lien securing such amounts or (ii) would have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Covance Inc)
Payment of Taxes and Other Indebtedness. Each of the Credit Parties Consolidated Party will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
pay and discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit an Consolidated Party or any member of the Consolidated Group its Subsidiaries shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would have a Material Adverse Effect.could
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Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group to, and will use its best efforts to cause any Consolidated Party to, pay, settle or discharge
discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its propertiesassets, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its propertiesassets, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit Party or any member of the Consolidated Group Combined Party shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would have a Material Adverse Effect.
Appears in 1 contract
Samples: Revolving Credit Agreement (Pan Pacific Retail Properties Inc)
Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group to, pay, settle or discharge
(a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due, including, without limitation, the Subordinated Secured Note; provided, however, that such a Credit Party or any member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose or collect on a Lien securing such amounts or (ii) would have a Material Adverse Effect.
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Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, Party will pay and will cause each member of the Consolidated Group to, pay, settle or discharge
discharge (a) all material taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all material lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness in a principal amount in excess of $1,000,000 as it shall become due; provided, however, that such Credit no Consolidated Party or any member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would could give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Payment of Taxes and Other Indebtedness. Each of the Credit Parties Party will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
pay and discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might could reasonably be expected to give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit no Consolidated Party or any member of the Consolidated Group Unrestricted Subsidiary shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would have a Material Adverse Effect.the
Appears in 1 contract
Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group to, pay, settle or discharge
discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become duedue (to the extent such repayment is not otherwise prohibited by this Credit Agreement); provided, however, that such a Credit Party or any member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose or collect on a Lien securing such amounts or (ii) would have or could be reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; providedPROVIDED, howeverHOWEVER, that such a Credit Party or any member of the Consolidated Group its Subsidiaries shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would could give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would have or be reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Medical Staffing Network Holdings Inc)
Payment of Taxes and Other Indebtedness. Each of the Credit Parties Party will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
pay and discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness (to the extent in excess of $1,000,000) as it shall become due; provided, however, that such Credit no Consolidated Party or any member of the Consolidated Group shall not be required to pay any such -------- ------- tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise could reasonably be expected to an immediate right to foreclose on a Lien securing such amounts or (ii) would have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Highwoods Realty LTD Partnership)
Payment of Taxes and Other Indebtedness. Each of the Credit Parties Party will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
pay and discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit Party or any no member of the -------- ------- Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to for which adequate reserves therefor have been established determined in accordance with GAAPGAAP have been established, unless the failure to make any such payment (i) would could give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would could have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Friedmans Inc)
Payment of Taxes and Other Indebtedness. Each of the Credit Parties Party will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
pay and discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) whichthat, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit Party or any no member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which that is being contested in good faith by appropriate proceedings and as to for which adequate reserves therefor have been established determined in accordance with GAAPGAAP have been established, unless the failure to make any such payment (i) would could give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group to, pay, settle or discharge
discharge (a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due, including, without limitation, the Subordinated Secured Note; provided, however, that such a Credit Party or any member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose or collect on a Lien securing such amounts or (ii) would have a Material Adverse Effect.
Appears in 1 contract
Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group to, pay, settle or discharge
(a) all taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become duedue (to the extent such repayment is not otherwise prohibited by this Credit Agreement); provided, however, that such a Credit Party or any member of the Consolidated Group shall not be required to pay any 42 such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose or collect on a Lien securing such amounts or (ii) would have or could be reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Payment of Taxes and Other Indebtedness. Each of the Credit Parties Party will, and will cause each member of the Consolidated Group its Subsidiaries to, pay, settle or discharge
pay and discharge (a) all material taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its properties, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its properties, and (c) except as prohibited hereunder, all of its other material Indebtedness as it shall become due; provided, however, that such Credit neither the Parent nor any Consolidated Party or any member of the Consolidated Group shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would could give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would could reasonably be expected to have a Material Adverse Effect.
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Payment of Taxes and Other Indebtedness. Each of the Credit Parties will, and will cause each member of the Consolidated Group to, and will use its best efforts to cause any Consolidated Party to, pay, settle or discharge
discharge (a) all material taxes, assessments and governmental charges or levies imposed upon it, or upon its income or profits, or upon any of its propertiesassets, before they shall become delinquent, (b) all lawful claims (including claims for labor, materials and supplies) which, if unpaid, might give rise to a Lien upon any of its propertiesassets, and (c) except as prohibited hereunder, all of its other Indebtedness as it shall become due; provided, however, that such Credit Party or any member of the Consolidated Group Combined Party shall not be required to pay any such tax, assessment, charge, levy, claim or Indebtedness which is being contested in good faith by appropriate proceedings and as to which adequate reserves therefor have been established in accordance with GAAP, unless the failure to make any such payment (i) would give rise to an immediate right to foreclose on a Lien securing such amounts or (ii) would have a Material Adverse Effect.
Appears in 1 contract
Samples: Revolving Credit Agreement (Pan Pacific Retail Properties Inc)