Common use of Tax Returns and Payment Clause in Contracts

Tax Returns and Payment. Borrower and its Subsidiaries and Unrestricted Subsidiaries have filed all Federal, state, local and other tax returns which are required to be filed and have paid all taxes which have become due pursuant to such returns and all other taxes and similar assessments, fees and other governmental charges upon Borrower and its Subsidiaries and Unrestricted Subsidiaries and upon their respective Properties, income and franchises which have become due and payable by Borrower or any of its Subsidiaries or Unrestricted Subsidiaries, except those (i) wherein the amount, applicability or validity are being contested by Borrower or any such Subsidiary or Unrestricted Subsidiary by appropriate proceedings being diligently conducted in good faith and in respect of which adequate reserves in accordance with GAAP have been established or (ii) the nonpayment of which (a) by the Borrower or any Subsidiary or Unrestricted Subsidiary was not willful and (b) could not reasonably be expected to have a Material Adverse Effect. All material tax liabilities of Borrower and its Subsidiaries and Unrestricted Subsidiaries were adequately provided for as of the date of this Agreement, and are now so provided for on the books of Borrower and its Subsidiaries and Unrestricted Subsidiaries. There is no proposed, asserted or assessed tax deficiency against Borrower or any of its Subsidiaries and Unrestricted Subsidiaries which, if adversely determined, could reasonably be expected to have a Material Adverse Effect.

Tax Returns and Payment. Except as disclosed on SCHEDULE 5.07 attached hereto, Borrower and its Subsidiaries and Unrestricted Subsidiaries have filed all Federal, state, local United States Federal and all other tax returns which are required to be filed and have paid all taxes which have become due pursuant to such returns and all other taxes and similar taxes, assessments, fees and other governmental charges upon Borrower and its Subsidiaries and Unrestricted Subsidiaries and upon their respective Properties, assets, income and franchises which have become due and payable by Borrower or any of its Subsidiaries or Unrestricted Subsidiaries, except those for (a) the filing of state and local tax returns which the failure to file (i) by the Borrower or any Subsidiary was not willful and (ii) could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, (b) taxes, assessments, fees and other governmental charges wherein the amount, applicability or validity are being contested by Borrower or any such Subsidiary or Unrestricted Subsidiary by appropriate proceedings being diligently conducted in good faith and in respect of which adequate reserves in accordance with GAAP have been established or and (iic) taxes, assessments, fees and other governmental charges the nonpayment of which (ai) by the Borrower or any Subsidiary or Unrestricted Subsidiary was not willful and (bii) could not not, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect. All material tax liabilities of Borrower and its Subsidiaries and Unrestricted Subsidiaries were adequately provided for as of the date of this AgreementApril 26, 1997, and are now so provided for on the books of Borrower and its Subsidiaries and Unrestricted Subsidiaries. There Except as disclosed on SCHEDULE 5.07 attached hereto, there is no proposed, asserted or assessed tax deficiency against Borrower or any of its Subsidiaries and Unrestricted Subsidiaries which, if adversely determinedindividually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Tax Returns and Payment. Except as disclosed on Schedule 4.07 attached hereto, Borrower and its Subsidiaries and Unrestricted Subsidiaries have filed all Federal, state, local United States Federal and all other tax returns which are required to be filed and have paid all taxes which have become due pursuant to such returns and all other taxes and similar taxes, assessments, fees and other governmental charges upon Borrower and its Subsidiaries and Unrestricted Subsidiaries and upon their respective Properties, assets, income and franchises which have become due and payable by Borrower or any of its Subsidiaries or Unrestricted Subsidiaries, except those for (a) the filing of state and local tax returns which the failure to file (i) by the Borrower or any Subsidiary was not willful and (ii) could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, (b) taxes, assessments, fees and other governmental charges wherein the amount, applicability or validity are being contested by Borrower or any such Subsidiary or Unrestricted Subsidiary by appropriate proceedings being diligently conducted in good faith and in respect of which adequate reserves in accordance with GAAP have been established or and (iic) taxes, assessments, fees and other governmental charges the nonpayment of which (ai) by the Borrower or any Subsidiary or Unrestricted Subsidiary was not willful and (bii) could not not, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect. All material tax liabilities of Borrower and its Subsidiaries and Unrestricted Subsidiaries were adequately provided for as of the date of this AgreementApril 26, 2003, and are now so provided for on the books of Borrower and its Subsidiaries and Unrestricted Subsidiaries. There Except as disclosed on Schedule 4.07 attached hereto, there is no proposed, asserted or assessed tax deficiency against Borrower or any of its Subsidiaries and Unrestricted Subsidiaries which, if adversely determinedindividually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Tax Returns and Payment. Except as disclosed on Schedule 4.07 attached hereto, Borrower and its Subsidiaries and Unrestricted Subsidiaries have filed all Federal, state, local United States Federal and all other tax returns which are required to be filed and have paid all taxes which have become due pursuant to such returns and all other taxes and similar taxes, assessments, fees and other governmental charges upon Borrower and its Subsidiaries and Unrestricted Subsidiaries and upon their respective Properties, assets, income and franchises which have become due and payable by Borrower or any of its Subsidiaries or Unrestricted Subsidiaries, except those for (a) the filing of state and local tax returns which the failure to file (i) by the Borrower or any Subsidiary was not willful and (ii) could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, (b) taxes, assessments, fees and other governmental charges wherein the amount, applicability or validity are being contested by Borrower or any such Subsidiary or Unrestricted Subsidiary by appropriate proceedings being diligently conducted in good faith and in respect of which adequate reserves in accordance with GAAP have been established or and (iic) taxes, assessments, fees and other governmental charges the nonpayment of which (ai) by the Borrower or any Subsidiary or Unrestricted Subsidiary was not willful and (bii) could not not, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect. All material tax liabilities of Borrower and its Subsidiaries and Unrestricted Subsidiaries were adequately provided for as of the date of this AgreementApril 29, 2000, and are now so provided for on the books of Borrower and its Subsidiaries and Unrestricted Subsidiaries. There Except as disclosed on Schedule 4.07 attached hereto, there is no proposed, asserted or assessed tax deficiency against Borrower or any of its Subsidiaries and Unrestricted Subsidiaries which, if adversely determinedindividually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.