Common use of Right to Contest Liens Clause in Contracts

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's, materialmen's or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With respect to an environmental lien, Borrower is using best efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of or collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, penalties or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower is using best efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's, materialmen's or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of or collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property or Borrower has posted a bond with such effect satisfactory to Lender in its sole discretion, and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower is using best reasonable efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event such liens will not constitute an Event of Default hereunder and Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lienthen exists; (iv) the Proceeding suspends enforcement of or collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suitsuit as a result of such lien; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security reasonably satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower is using best commercially reasonable efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower delivers to Lender notice of the proposed contest not more than 30 thirty (30) days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of or collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower is using best commercially reasonable efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower Xxxxxxxx delivers to Lender notice of the proposed contest not more than 30 days after receiving notice that the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of and collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (vi) with respect to liens in excess of $250,000, Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower Xxxxxxxx is using commercial best efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's, materialmen's or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that Borrower pays the contested liens under protest or the following conditions are met: (i) Borrower delivers to Lender notice of the proposed contest not more than 30 days after Borrower becomes aware of the lien is filedlien; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property DocumentsDocument; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower is using best efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower Xxxxxxxx delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there here is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under does not violate the terms and is conducted in accordance with provisions of any of the Leases and or the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower is using best diligent, good faith efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event Lender will refrain from exercising any of the RemediesRemedies and no Event of Default shall be deemed to have occurred, provided that the following conditions are met: (i) Borrower delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of or collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suitsuit as a result of the contest (provided, the foregoing need not be satisfied if clause (vi) is satisfied); (viv) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (viv) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protestprotest (provided, the foregoing need not be satisfied if clause (iii) is satisfied); and (viivi) With with respect to an environmental lien, Borrower is using best efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower Xxxxxxxx delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower Xxxxxxxx is using best efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower Xxxxxxxx delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of or collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under and is conducted in accordance with the Leases and the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower Xxxxxxxx is using best efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.

Right to Contest Liens. Borrower, at its own expense, may contest the amount, validity or application, in whole or in part, of any mechanic's’s, materialmen's ’s or environmental liens in which event Lender will refrain from exercising any of the Remedies, provided that the following conditions are met: (i) Borrower delivers to Lender notice of the proposed contest not more than 30 days after the lien is filed; (ii) the contest is by a Proceeding promptly initiated and conducted in good faith and with due diligence; (iii) there is no Event of Default other than the Event of Default arising from the filing of the lien; (iv) the Proceeding suspends enforcement of collection of the lien, imposition of criminal or civil penalties and sale or forfeiture of the Property and Lender will not be subject to any civil suit; (v) the Proceeding is permitted under does not violate the terms and is conducted in accordance with provisions of any of the Leases and or the Property Documents; (vi) Borrower sets aside reserves or furnishes a bond or other security satisfactory to Lender, in either case in an amount sufficient to pay the claim giving rise to the lien, together with all interest and penalties, or Borrower pays the contested lien under protest; and (vii) With with respect to an environmental lien, Borrower is using best diligent, good faith efforts to mitigate or prevent any deterioration of the Property resulting from the alleged violation of any Environmental Laws or the alleged Environmental Activity.