Common use of Payment of Taxes and Other Potential Liens Clause in Contracts

Payment of Taxes and Other Potential Liens. Pay and discharge promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT that Borrower and its Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same or (b) any immaterial tax so long as no material item or portion of Property of Borrower or any of its Subsidiaries is in jeopardy of being seized, levied upon or forfeited.

Appears in 3 contracts

Samples: Loan Agreement (Hard Rock Hotel Inc), Loan Agreement (Wdra Food Service Inc), Loan Agreement (Wheeling Land Development Corp)

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Payment of Taxes and Other Potential Liens. Pay and discharge ------------------------------------------ promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT except that Borrower and its ------ Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same or (b) any immaterial tax so long as no material item or portion of Property of Borrower or any of its Subsidiaries is in jeopardy at impending risk of being seized, levied upon or forfeited.

Appears in 3 contracts

Samples: Revolving Loan Agreement (Callaway Golf Co /Ca), Revolving/Term Loan Agreement (Data Processing Resources Corp), Revolving Loan Agreement (Wild Oats Markets Inc)

Payment of Taxes and Other Potential Liens. Pay and discharge promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT that Borrower and its Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same or (b) any immaterial tax so long as no material item or portion of Property of Borrower or any of its Subsidiaries is in jeopardy of being seized, levied upon or forfeited.

Appears in 2 contracts

Samples: Loan Agreement (Anchor Gaming), Loan Agreement (MGM Mirage)

Payment of Taxes and Other Potential Liens. Pay and discharge ------------------------------------------ promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT except that Borrower and its ------ Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same or (b) any immaterial tax so long as no material item or portion of Property of Borrower or any of its Subsidiaries is in jeopardy of being seized, levied upon or forfeited.

Appears in 2 contracts

Samples: Loan Agreement (MGM Grand Inc), Construction Loan Agreement (MGM Grand Inc)

Payment of Taxes and Other Potential Liens. Pay and discharge promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT except that each Borrower and its respective Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same or (b) any immaterial tax so long as no material item or portion of Property of each Borrower or any of its respective Subsidiaries is in jeopardy of being seized, levied upon or forfeited.

Appears in 1 contract

Samples: Credit Agreement (Reliance Steel & Aluminum Co)

Payment of Taxes and Other Potential Liens. Pay and ------------------------------------------ discharge promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT except that Borrower ------ Borrower, Parent and its their collective Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same in accordance with GAAP or (b) any immaterial tax so long as no material item or portion of Property of Borrower Borrower, Parent or any of its their Subsidiaries is in jeopardy at impending risk of being seized, levied upon or forfeited.

Appears in 1 contract

Samples: Credit Agreement (West Marine Inc)

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Payment of Taxes and Other Potential Liens. Pay and discharge promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT that Borrower the Borrowers and its their respective Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate appropri ate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same or (b) any immaterial tax so long as no material item or portion of Property of a Borrower or of any of its Subsidiaries is in jeopardy at impending risk of being seized, levied upon or forfeited.

Appears in 1 contract

Samples: Revolving Loan Agreement (Power One Inc)

Payment of Taxes and Other Potential Liens. Pay and discharge promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT that Borrower and its Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same or (b) any immaterial tax so long as no material item or portion of Property of Borrower or any of its Subsidiaries is in jeopardy at impending risk of being seized, levied upon or forfeited.

Appears in 1 contract

Samples: Term Loan Agreement (Svi Holdings Inc)

Payment of Taxes and Other Potential Liens. Pay and ------------------------------------------ discharge promptly all taxes, assessments and governmental charges or levies imposed upon any of them, upon their respective Property or any part thereof and upon their respective income or profits or any part thereof, EXCEPT except that Borrower and its Restricted Subsidiaries shall not be required to pay or cause to be paid (a) any tax, assessment, charge or levy that is not yet past due, or is being contested in good faith by appropriate proceedings so long as the relevant entity has established and maintains adequate reserves for the payment of the same or (b) any immaterial tax so long as no material item or portion of Property of Borrower or any of its Restricted Subsidiaries is in jeopardy of being seized, levied upon or forfeited.

Appears in 1 contract

Samples: Loan Agreement (MGM Grand Inc)

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