Common use of Payment of Taxes; Liens Clause in Contracts

Payment of Taxes; Liens. Borrower will pay or cause to be paid when due, subject to any permitted extensions, all taxes, assessments, and other governmental charges which may lawfully be levied or assessed (a) upon the income or profits of Borrower; (b) upon any property, real, personal or mixed, belonging to Borrower, or upon any part thereof; or (c) by reason of employee benefit plans sponsored by Borrower, and will also pay or cause to be paid when due, subject to any permitted extensions, any lawful claims for labor, material, or supplies which, if unpaid, might become a lien or charge against any property of Borrower; provided, however, Borrower shall not be required to pay any such tax, assessment, charge, levy, or claim that is past due so long as the validity thereof shall be actively contested in good faith by appropriate proceedings and Borrower shall have set aside on its books adequate reserves (determined in accordance with Generally Accepted Accounting Principles) with respect to any such tax, assessment, charge, levy, or claim so contested; but provided further that any such tax, assessment, charge, levy, or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same.

Appears in 2 contracts

Samples: Credit Agreement (Golden Bear Golf Inc), Credit Agreement (Heico Corp)

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Payment of Taxes; Liens. Borrower will pay pay, or cause to be paid paid, when due, subject to any permitted extensions, all taxes, assessments, and other governmental charges which may lawfully be levied or assessed (a) upon the income or profits of Borrower; (b) upon any property, real, personal or mixed, belonging to Borrower, or upon any part thereof; or (c) by reason of employee benefit plans sponsored by Borrower, and will also pay pay, or cause to be paid paid, when due, subject to any permitted extensions, any lawful claims for labor, material, or supplies which, if unpaid, might become a lien or charge against any property of Borrower; provided, however, Borrower shall not be required to pay any such tax, assessment, charge, levy, or claim that is past due so long as the validity thereof shall be actively contested in good faith by appropriate proceedings and Borrower shall have set aside on its books adequate reserves (determined in accordance with Generally Accepted Accounting Principles) with respect to any such tax, assessment, charge, levy, or claim so contested; but provided further that any such tax, assessment, charge, levy, or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same.

Appears in 2 contracts

Samples: Credit Agreement (Flanders Corp), Credit Agreemeent (Flanders Corp)

Payment of Taxes; Liens. Each Borrower will pay (and will cause its respective Subsidiaries, Controlled Affiliates and, to the extent there shall be recourse liability to such Borrower therefor, its Non-Controlled Affiliates, to) promptly pay, or cause to be paid when due, subject to any permitted extensions, paid: (a) all taxes, assessments, and other governmental charges which may lawfully be levied or assessed assessed: (ai) upon the such Person's income or profits of Borrower; profits, (bii) upon any all of the Mortgaged Properties and other Collateral belonging to such Person and upon materially all of the other property, real, personal or mixed, belonging to Borrowersuch Person, or upon any part thereof; or (ciii) by reason of employee benefit plans sponsored by Borrowersuch Person, and will also pay or cause to be paid when due, subject to any permitted extensions, any (b) all lawful claims for labor, material, material or supplies which, if unpaid, might become a lien Lien or charge against any property of Borrowersuch property; provided, however, Borrower no such Person shall not be required to pay any such tax, assessment, charge, levy, or claim that is past due so long as the validity thereof shall be actively contested in good faith by appropriate proceedings and Borrower such Person shall have set aside on its books adequate reserves (determined in accordance with Generally Accepted Accounting Principles) with respect to any such tax, assessment, charge, levy, or claim so contested, in accordance with Section 4.7; but provided further that any such tax, assessment, charge, levy, or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien Lien securing the same.

Appears in 1 contract

Samples: Credit Agreement (Arvida JMB Partners L P)

Payment of Taxes; Liens. Borrower will pay promptly pay, or cause to be paid when due, subject to any permitted extensionspaid, all taxes, assessments, and other governmental charges which may lawfully be levied or assessed (a) upon the income or profits of Borrower; (b) upon any property, real, personal or mixed, belonging to Borrower, or upon any part thereof; or (c) by reason of employee benefit plans sponsored by Borrower, and will also pay or promptly pay, or cause to be paid when due, subject to any permitted extensionspaid, any lawful claims for labor, material, or supplies which, if unpaid, might become a lien or charge against any property of Borrower; provided, however, Borrower shall not be required to pay any such tax, assessment, charge, levy, or claim that is past due so long as the validity thereof shall be actively contested in good faith by appropriate proceedings and Borrower shall have set aside on its books adequate reserves (determined in accordance with Generally Accepted Accounting Principles) with respect to any such tax, assessment, charge, levy, or claim so contested; but provided further that any such tax, assessment, charge, levy, or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same.

Appears in 1 contract

Samples: Credit Agreement (Visual Edge Systems Inc)

Payment of Taxes; Liens. The Borrower and each of its Subsidiaries will pay or cause to be paid when due, subject to any permitted extensions, all taxes, assessments, and other governmental charges which may lawfully be levied or assessed (a) upon the income or profits of Borrowerthe Borrower or such Subsidiary; (b) upon any property, real, personal or mixed, belonging to Borrowerthe Borrower or such Subsidiary, or upon any part thereof; or (c) by reason of employee benefit plans sponsored by Borrowerthe Borrower or such Subsidiary, and will also pay or cause to be paid when due, subject to any permitted extensions, any lawful claims for labor, material, or supplies which, if unpaid, might become a lien or charge against any property of Borrowerthe Borrower or such Subsidiary except to the extent that the failure to make such payments, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect; provided, however, the Borrower or such Subsidiary shall not be required to pay any such tax, assessment, charge, levy, or claim that is past due so long as the validity thereof shall be actively contested in good faith by appropriate proceedings and the Borrower or such Subsidiary shall have set aside on its books adequate reserves (determined in accordance with Generally Accepted Accounting PrinciplesGAAP) with respect to any such tax, assessment, charge, levy, or claim so contested; but provided further provided, further, that any such tax, assessment, charge, levy, or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same.

Appears in 1 contract

Samples: Revolving Credit Agreement (Heico Corp)

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Payment of Taxes; Liens. Each Borrower will pay promptly pay, or cause to be paid when due, subject to any permitted extensionspaid, all taxes, assessments, and other governmental charges which may lawfully be levied or assessed (ai) upon the income or profits of such Borrower; , (bii) upon any property, real, personal or mixed, belonging to such Borrower, or upon any part thereof; , or (ciii) by reason of employee benefit plans sponsored by such Borrower, and will also pay or cause to be paid when due, subject to any permitted extensions, any lawful claims for labor, material, or material and supplies which, if unpaid, might become a lien or charge against any property of Borrowersuch property; provided, however, neither Borrower shall not be required to pay any such tax, assessment, charge, levy, or claim that is past due so long as the validity thereof shall be actively contested in good faith by appropriate proceedings and such Borrower shall have set aside on its books adequate reserves (determined in accordance with Generally Accepted Accounting Principles) with respect to any such tax, assessment, charge, levy, or claim so contested; but provided further that any such tax, assessment, charge, levy, or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same.

Appears in 1 contract

Samples: Loan Agreement (Orange Co Inc /Fl/)

Payment of Taxes; Liens. The Borrower and each of its Subsidiaries will pay or cause to be paid when due, subject to any permitted extensions, all taxes, assessments, and other governmental charges which may lawfully be levied or assessed (a) upon the income or profits of Borrowerthe Borrower or such Subsidiary; (b) upon any property, real, personal or mixed, belonging to Borrowerthe Borrower or such Subsidiary, or upon any part thereof; or (c) by reason of employee benefit plans sponsored by Borrowerthe Borrower or such Subsidiary, and will also pay or cause to be paid when due, subject to any permitted extensions, any lawful claims for labor, material, or supplies which, if unpaid, might become a lien or charge against any property of Borrowerthe Borrower or such Subsidiary except to the extent that the failure to make such payments, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect; provided, however, the Borrower or such Subsidiary shall not be required to pay any such tax, assessment, charge, levy, or claim that is past due so long as the validity thereof shall be actively contested in good faith by appropriate proceedings and the Borrower or such Subsidiary shall have set aside on its books adequate reserves (determined in accordance with Generally Accepted Accounting PrinciplesGAAP) with respect to any such tax, assessment, charge, levy, or claim so contested; but provided further that any such tax, assessment, charge, levy, or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same.

Appears in 1 contract

Samples: Revolving Credit Agreement (Heico Corp)

Payment of Taxes; Liens. Each of Borrower and Pledgor will pay pay, or cause to be paid paid, when due, subject to any permitted extensions, all taxes, assessments, and other governmental charges which may lawfully be levied or assessed (a) upon the its income or profits of Borrowerprofits; (b) upon any of its property, real, personal or mixed, belonging to Borrower, or upon any part thereof; or (c) by reason of employee benefit plans sponsored by Borrowerit, and will also pay pay, or cause to be paid paid, when due, subject to any permitted extensions, any lawful claims for labor, material, or supplies which, if unpaid, might become a lien or charge against any property of Borrowerits property; provided, however, neither Borrower nor Pledgor shall not be required to pay any such tax, assessment, charge, levy, or claim that is past due so long as the validity thereof shall be actively contested in good faith by appropriate proceedings and Borrower or Pledgor, as applicable, shall have set aside on its books adequate reserves (determined in accordance with Generally Accepted Accounting Principles) with respect to any such tax, assessment, charge, levy, or claim so contested; but provided further that any such tax, assessment, charge, levy, or claim shall be paid forthwith upon the commencement of proceedings to foreclose any lien securing the same.

Appears in 1 contract

Samples: Credit Agreement (Trescom International Inc)

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