Payment of Taxes; Liens. Each Borrower will promptly pay, or cause to be paid, all taxes, assessments and other governmental charges which may lawfully be levied or assessed (i) upon the income or profits of such Borrower, (ii) upon any property, real, personal or mixed, belonging to such Borrower, or upon any part thereof, or (iii) by reason of employee benefit plans sponsored by such Borrower, and also any lawful claims for labor, material, and supplies which, if unpaid, might become a lien or charge against any such property; provided, however, no Borrower shall be required to pay any such tax, assessment, charge, levy, or claim so long as the validity thereof shall be actively contested in good faith by proper proceedings; 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 3 contracts
Samples: Credit and Security Agreement (Commercial Net Lease Realty Inc), Credit and Security Agreement (Commercial Net Lease Realty Inc), Credit and Security Agreement (Commercial Net Lease Realty Inc)
Payment of Taxes; Liens. Each Borrower will promptly pay, or cause to be paid, all taxes, assessments and other governmental charges which may lawfully be levied or assessed (i) upon the income or profits of such Borrower, (ii) upon any property, real, personal or mixed, belonging to such Borrower, or upon any part thereof, or (iii) by reason of employee benefit plans sponsored by such Borrower, and also any lawful claims for labor, material, and supplies which, if unpaid, might become a lien Lien or charge against any such property; provided, however, no Borrower shall be required to pay any such tax, assessment, charge, levy, or claim so long as the validity thereof shall be actively contested in good faith by proper proceedings; 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 2 contracts
Samples: Credit Agreement (Commercial Net Lease Realty Inc), Credit Agreement (Commercial Net Lease Realty Inc)
Payment of Taxes; Liens. Each To the extent applicable, Borrower and each Subsidiary will promptly pay, or cause to be paid, prior to any delinquency, all taxes, assessments and other governmental charges which may lawfully be levied or assessed (i) upon the income or profits of such Borrower, Borrower or a Subsidiary; (ii) upon the Collateral or any other property, real, personal or mixed, belonging to such Borrower, or upon any part thereof, ; or (iii) by reason of employee benefit plans sponsored by such Borrower, and also any lawful claims for labor, material, material and supplies which, if unpaid, might become a lien or charge against any such property; provided, however, no Borrower or Subsidiary, as the case may be, shall not be required to pay any such tax, assessment, charge, levy, levy or claim so long as the validity thereof shall be actively contested in good faith by proper proceedings; but provided further that any such tax, assessment, charge, levy, 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 (Biodelivery Sciences International Inc)