Common use of Payment of Taxes, Etc Clause in Contracts

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, all taxes, assessments and governmental charges or levies imposed upon it or upon its property that, if not paid, could be reasonably expected to result in a Material Adverse Effect; provided, however, that neither the Borrower nor any of its Subsidiaries shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

Appears in 45 contracts

Samples: Credit Agreement (DTE Electric Co), Assignment and Assumption (DTE Electric Co), Credit Agreement (DTE Electric Co)

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Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower Loan Parties nor any of its their Subsidiaries shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintainedthe subject of a Good Faith Contest, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

Appears in 26 contracts

Samples: Credit Agreement, Credit Agreement (Summit Hotel Properties, Inc.), Credit Agreement (Summit Hotel Properties, Inc.)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, discharge before the same shall become delinquent, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither none of the Borrower nor or any of its Subsidiaries shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditorscreditors and the aggregate of such Liens would have a Material Adverse Effect.

Appears in 9 contracts

Samples: Revolving Credit Agreement (Oracle Corp), Day Term Loan Agreement (Oracle Corp /De/), Day Term Loan Agreement (Oracle Corp /De/)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, (i) all material taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all material lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower Loan Parties nor any of its their Subsidiaries shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintainedthe subject of a Good Faith Contest, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

Appears in 8 contracts

Samples: Term Loan Agreement (Digital Realty Trust, L.P.), Credit Agreement (Digital Realty Trust, L.P.), Global Senior Credit Agreement (Digital Realty Trust, L.P.)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower nor any of its Subsidiaries no Loan Party shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditorsenforceable.

Appears in 5 contracts

Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (CBRL Group Inc), Credit Agreement (Ceradyne Inc)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries Subsidiary to pay and discharge, before the same shall become delinquent, (i) all material taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all material lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower nor any of its Subsidiaries Subsidiary shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditorsenforcement actions are begun.

Appears in 5 contracts

Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, (i) all material taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property (other than Permitted Liens); provided, however, that neither the Borrower Loan Parties nor any of its their Subsidiaries shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintainedthe subject of a Good Faith Contest, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.. (c)

Appears in 2 contracts

Samples: Execution Copy Credit Agreement (Summit Hotel Properties, Inc.), Credit Agreement (Summit Hotel Properties, Inc.)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, all federal and other material taxes, assessments and governmental charges or levies imposed upon it or upon its property thatproperty, if except where the failure to do so, individually or in the aggregate, would not paid, could reasonably be reasonably expected to result in a Material Adverse Effect; provided, however, that neither the Borrower nor any of its Subsidiaries shall not be required to pay or discharge any such tax, assessment, charge or claim levy that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.)

Payment of Taxes, Etc. Pay Timely pay and discharge, and cause each of its Subsidiaries to timely pay and discharge, before the same shall become delinquent, (a) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (b) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower nor any of and its Subsidiaries shall not be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against the Borrower or any of its other creditorsSubsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Cantel Medical Corp), Credit Agreement (Audio Book Club Inc)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower nor any of Aerial and its Subsidiaries shall not be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

Appears in 1 contract

Samples: Credit Agreement (Aerial Communications Inc)

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Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, (i) all material taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon any of its material property; provided, however, that neither the Borrower Loan Parties nor any of its their Subsidiaries shall be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintainedthe subject of a Good Faith Contest, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

Appears in 1 contract

Samples: Credit Agreement (Hersha Hospitality Trust)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to The Borrower will pay and discharge, discharge before the same shall become delinquent, if failure to do so would have a Material Adverse Effect, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower nor any of its Subsidiaries it shall not be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditorsenforceable.

Appears in 1 contract

Samples: Credit Agreement (Corning Inc /Ny)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, discharge before the same shall become delinquent, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its property if the failure to make such payment would have a Material Adverse Effect and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower nor any of its Subsidiaries shall not be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

Appears in 1 contract

Samples: Credit Agreement (Votorantim Pulp & Paper Inc)

Payment of Taxes, Etc. Pay Timely pay and discharge, and cause each of its Subsidiaries to timely pay and discharge, before the same shall become delinquent, (a) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (b) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower nor any of its Borrowers and their Subsidiaries shall not be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditorsthe Borrowers or any of their Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Mediabay Inc)

Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before the same shall become delinquent, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its property and (ii) all lawful claims that, if not paidunpaid, could be reasonably expected to result in might by law become a Material Adverse EffectLien upon its property; provided, however, that neither the Borrower nor any of APT and its Subsidiaries shall not be required to pay or discharge any such tax, assessment, charge or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained, unless and until any Lien resulting therefrom attaches to its property and becomes enforceable against its other creditors.

Appears in 1 contract

Samples: Credit Agreement (American Portable Telecom Inc)

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