Common use of Payment of Taxes and Other Potential Charges and Priority Claims Clause in Contracts

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and shall cause each of its Subsidiaries to, pay or discharge: (i) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (ii) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iii) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Borrower shall, and shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company such Credit Party in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and Each Borrower shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company such Borrower or such Subsidiary in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it such Borrower need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and shall cause each of its Subsidiaries to, pay or discharge: (i) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (ii) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iii) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company such Credit Party in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Each Loan Party shall, and shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company such Loan Party or Subsidiary in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it commenced, such Loan Party or Subsidiary need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Borrower shall, and shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties or Liens attach thereto, all taxes, assessments and other governmental charges Taxes imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such propertyProperty; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property Property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower or such Subsidiary in a case under Title 11 (Bankruptcy) of the United States Bankruptcy Code; provided, as amended; provided that that, unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it commenced, the Borrower or such Subsidiary need not pay or discharge any such taxTax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Borrower shall, and shall cause each of its Subsidiaries Subsidiary to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might would result in the creation of a Lien upon any such property or which, if unpaid, might would give rise to a claim entitled to priority over general creditors of the Company Borrower or such Subsidiary in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided that that, unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it the Borrower or such Subsidiary need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Borrower shall, and shall cause each of its Subsidiaries Subsidiary to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its propertiesTaxes; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might could result in the creation of a material Lien upon any such propertyCollateral; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might could result in the creation of a Lien upon any such property Collateral or which, if unpaid, might could give rise to a claim entitled to priority over general creditors of the Company Borrower or such Loan Party in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided that that, unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it commenced, Borrower need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, conducted and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and Borrower shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons whichthat, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims whichthat, if unpaid, might result in the creation of a Lien upon any such property or whichthat, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it commenced, Borrower need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, conducted and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefortherefore.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and shall cause each of its Subsidiaries to, pay Pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if 53 48 unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it commenced, such Borrower need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, Borrower and each Subsidiary Obligor shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company such Person in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it such Person need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Borrower shall, and shall cause each of its Subsidiaries other Loan Party to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower or such Loan Party in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided PROVIDED, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it the Loan Parties need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, conducted and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Borrower shall, and shall cause each of its Subsidiaries Restricted Subsidiary to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower or any Restricted Subsidiary in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it any such Person need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and Borrower shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its assets or properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such asset or property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such asset or property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it the Borrower need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, conducted and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Purchasers in a case under Title 11 (Bankruptcy) of the United States Code, as amended; ; (d) provided that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and shall cause each of its Subsidiaries to, pay Pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it commenced, such Borrower need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company shall, and Each Obligor shall cause each of its Subsidiaries to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company such Obligor in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it such Obligor need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Borrower shall, and shall cause each of its Subsidiaries Subsidiary to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower or such Subsidiary in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar -------- proceedings shall have been commenced it the Borrower or such Subsidiary need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.

Payment of Taxes and Other Potential Charges and Priority Claims. The Company Borrower shall, and shall cause each of its Subsidiaries other Loan Party to, pay or discharge: (ia) on or prior to the date on which material penalties attach thereto, all taxes, assessments and other governmental charges imposed upon it or any of its properties; (iib) on or prior to the date when due, all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other like Persons which, if unpaid, might result in the creation of a material Lien upon any such property; and (iiic) on or prior to the date when due, all other lawful claims which, if unpaid, might result in the creation of a Lien upon any such property or which, if unpaid, might give rise to a claim entitled to priority over general creditors of the Company Borrower or such Loan Party in a case under Title 11 (Bankruptcy) of the United States Code, as amended; provided provided, that unless and until foreclosure, distraint, levy, sale or similar proceedings shall have been commenced it the Loan Parties need not pay or discharge any such tax, assessment, charge or claim so long as (x) the validity thereof is contested in good faith and by appropriate proceedings diligently conducted, conducted and (y) such reserves or other appropriate provisions as may be required by GAAP shall have been made therefor.