Common use of Taxes and Claims by Third Parties Clause in Contracts

Taxes and Claims by Third Parties. Notwithstanding the provisions of Section 9.2 which obligate Borrower to pay taxes and other obligations to third parties when due, it is agreed that any tax, assessment, charge, levy, claim or obligation to a third party (expressly excluding an obligation created under the Loan Documents) need not be paid while the validity or amount thereof shall be contested currently, diligently and in good faith by appropriate proceedings and if Borrower shall have adequate unencumbered (except in favor of Lender) cash reserves with respect thereto or if Borrower shall have fully bonded such claim, and provided that Borrower shall pay all taxes, assessments, charges, levies or obligations: (a) immediately upon the commencement of proceedings to enforce any lien which may have attached as security therefor, unless such proceeding is stayed by proper court order pending the outcome of such contest; and (b) as to claims for labor, materials or supplies, prior to the imposition of any lien on the Property unless the lien is discharged or bonded as set forth in Section 11.1.4.

Appears in 2 contracts

Samples: Loan Agreement (STW Resources Holding Corp.), Loan Agreement (STW Resources Holding Corp.)

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Taxes and Claims by Third Parties. Notwithstanding the provisions of Section 9.2 9.3 which obligate Borrower to pay taxes and other obligations to third parties when due, it is agreed that any tax, assessment, charge, levy, claim or obligation to a third party (expressly excluding an obligation created under the Loan Documents) need not be paid while if the validity or amount thereof shall be contested currently, diligently and in good faith by appropriate proceedings and if Borrower shall have adequate unencumbered (except in favor of Lender) cash reserves with respect thereto or if Borrower shall have fully bonded such claim, thereto; and provided further, that Borrower shall pay or cause to be paid all taxes, assessments, charges, levies or obligations: (ai) immediately upon the commencement of proceedings to enforce any lien which may have attached as security therefor, unless such proceeding is stayed by proper order of a court order of competent jurisdiction pending the outcome of such contest; and (bii) as to claims for labor, materials or supplies, prior to the imposition of any lien on the Property unless the lien is discharged or bonded as set forth in Section 11.1.411.1.7.

Appears in 1 contract

Samples: Construction Loan Agreement (American Retirement Corp)

Taxes and Claims by Third Parties. Notwithstanding Subject to a Tenant’s rights under the applicable Lease, notwithstanding the provisions of Section 9.2 9.3 which obligate Borrower to pay taxes and other obligations to third parties when due, it is agreed that any tax, assessment, charge, levy, claim or obligation to a third party (expressly excluding an obligation created under the Loan Documents) need not be paid while the validity or amount thereof shall be contested currently, diligently and in good faith by appropriate proceedings and if Borrower shall have adequate unencumbered (except in favor of LenderAgent, on behalf of the Lenders) cash reserves with respect thereto or if Borrower shall have fully bonded such claimthereto, and provided that such contest does not create a default by landlord under any lease assigned to Agent, on behalf of Lenders; and provided, further, that Borrower shall pay all taxes, assessments, charges, levies or obligations: (ai) immediately upon the commencement of proceedings to enforce any lien which may have attached as security therefor, unless such proceeding is stayed by proper court order pending the outcome of such contest; and (bii) as to claims for labor, materials or supplies, prior to the imposition of any lien on the Property unless the lien is discharged or bonded as set forth in Section 11.1.4.

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

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Taxes and Claims by Third Parties. Notwithstanding the provisions of Section 9.2 9.3 which obligate Borrower to pay taxes and other obligations to third parties when due, it is agreed that any tax, assessment, charge, levy, claim or obligation to a third party (expressly excluding an obligation to the Lender created under the Loan Documents) need not be paid while if the validity or amount thereof shall be contested currently, diligently and in good faith by appropriate proceedings and if Borrower shall have adequate unencumbered (except in favor of Lender) cash reserves with respect thereto or if Borrower shall have fully bonded such claimthereto, and provided provided, further, that Borrower shall pay all taxes, assessments, charges, levies or obligations: (ai) immediately upon the commencement of proceedings to enforce any lien which may have attached as security therefor, unless such proceeding is stayed by proper court order pending the outcome of such contest; and (bii) as to claims for labor, materials or supplies, prior to the imposition of any lien on the Property unless the lien is discharged or bonded as set forth in Section 11.1.4bonded.

Appears in 1 contract

Samples: Loan Agreement (Clarion Partners Property Trust Inc.)

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