Common use of TAXES AND EXPENSES REGARDING THE COLLATERAL Clause in Contracts

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of Borrower's other covenants under any of the Loan Documents, then in its discretion and without prior notice to Borrower, BACC may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's loan account as BACC deems necessary to protect BACC from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof and take any action with respect to such policies as BACC deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents. Any payments made by BACC shall not constitute: (a) an agreement by BACC to make similar payments in the future or (b) a waiver by BACC of any Event of Default. BACC need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay pay, or cause the payment of, any monies (whether taxes, rents, assessments, insurance premiums premiums, or otherwise), which are not being actively contested by Borrower diligently, in good faith, and by appropriate proceedings (provided such reserves or other appropriate provisions, if any, as shall be required in conformity with GAAP shall have been made or provided therefor) and are not a Permitted Lien, due to third persons or entitiesPersons, or fails to make any deposits or furnish any required proof of payment or deposit, all as required under the terms of this Agreement, or fails to perform any of Borrower's the other covenants under any of the Loan Documents, then then, to the extent that Alliance determines that such failure by Borrower could have a material adverse effect on Alliance’s interests in any part of the Collateral, in its discretion and without prior notice to Borrower, BACC Alliance may do any or all of the following: (a) make any payment which Borrower has failed to pay of the same or any part thereof; (b) set up such reserves in Borrower's ’s loan account as BACC Alliance deems necessary to protect BACC Alliance from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof 6.10, and take any action with respect to such policies as BACC Alliance deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents. Any such amounts paid by Alliance shall constitute Alliance Expenses. Any such payments made by BACC Alliance shall not constitute: (a) constitute an agreement by BACC Alliance to make similar payments in the future or (b) a waiver by BACC Alliance of any Event of DefaultDefault under this Agreement. BACC Alliance need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance encumbrance, or lien and the receipt of the usual official notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, or fails to make any deposits or furnish any required proof of payment or deposit, deposit or fails to perform any of Borrower's other covenants under any of the Loan Documents, then in its discretion and without prior notice to Borrower, BACC Lender may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's loan account as BACC Lender deems necessary to protect BACC Lender from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof and take any action with respect to such policies as BACC Lender deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents. Any payments made by BACC Lender shall not constitute: (ai) an agreement by BACC Lender to make similar payments in the future or (bii) a waiver by BACC Lender of any Event of Default. BACC Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien lien, and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of Borrower's other covenants under any of the Loan Documents, then in its discretion and without upon prior notice to Borrower, BACC Lender may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's loan account as BACC Lender, in its reasonable discretion, deems necessary to protect BACC Lender from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof and take any action with respect to such policies as BACC Lender deems prudent; or (d) take any other action action, in its reasonable discretion, deemed necessary to preserve and protect its interests and rights under the Loan Documents. Any payments made by BACC Lender shall not constitute: (a) an agreement by BACC Lender to make similar payments in the future or (b) a waiver by BACC Lender of any Event of Default. BACC Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of Borrower's other covenants under any of the Loan Documents, then in its discretion and without prior notice to Borrower, BACC may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's loan account as BACC deems necessary to protect BACC from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof and take any action with respect to such policies as BACC deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents. Any payments made by BACC shall not constitute: (a) an agreement by BACC to make similar payments in the future or (b) a waiver by BACC of any Event of Default. BACC need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.lien

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, or fails to make any deposits or furnish any required proof of payment or deposit, deposit or fails to perform any of Borrower's other covenants under any of the Loan Documents, then in its discretion and without prior following not less than five (5) days' notice to Borrower, BACC Lender may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's loan account as BACC Lender deems necessary to protect BACC Lender from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof and take any action with respect to such policies as BACC Lender deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents; provided that no prior notice need be given, or shorter notice may be given, if Lender, in Good Faith believes payment is necessary to be made without notice or a shorter time period to preserve and protect Lender's lien on assets of Borrower, or to preserve said assets, or to have said assets insured. Any payments made by BACC Lender shall not constitute: (ai) an agreement by BACC Lender to make similar payments in the future or (bii) a waiver by BACC Lender of any Event of Default. BACC Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien lien, and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of Borrower's ’s other covenants under any of the Loan Documents, then in its discretion and without prior notice to BorrowerBorrower (provided Lender shall endeavor to provide notice to Borrower but without liability for failure to do so), BACC Lender may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's ’s loan account as BACC Lender deems necessary to protect BACC Lender from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof and take any action with respect to such policies as BACC Lender deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents. Any payments made by BACC Lender shall not constitute: (a) an agreement by BACC Lender to make similar payments in the future or (b) a waiver by BACC Lender of any Event of Default. BACC Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entitiesparties regarding the Collateral, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of Borrower's other covenants under the terms of this Agreement or any of the other Loan DocumentsDocument, then then, Finova may, in its discretion and without prior notice to Borrowerreasonable credit judgment, BACC may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's loan account as BACC Finova deems necessary to protect BACC Finova from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof 6.12 and take any action with respect to such policies as BACC Finova deems prudent; or (d) take any other action deemed necessary by Finova to preserve and protect its interests and rights under the this Agreement or any other Loan DocumentsDocument. Any payments made by BACC Finova shall not constitute: (a) constitute an agreement by BACC Finova to make similar payments in the future or (b) a waiver by BACC Finova of any Event of DefaultDefault under this Agreement. BACC Finova need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of Borrower's ’s other covenants under any of the Loan Documents, then in its discretion and without prior notice to Borrower, BACC may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's ’s loan account as BACC deems necessary to protect BACC from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof and take any action with respect to such policies as BACC deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents. Any payments made by BACC shall not constitute: (a) an agreement by BACC to make similar payments in the future or (b) a waiver by BACC of any Event of Default. BACC need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower any Loan Party fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entities, or fails to make any deposits or furnish any required proof of payment or deposit, deposit or fails to perform any of Borrowerany Loan Party's other covenants under any of the Loan Documents, then in its discretion and without prior notice to BorrowerLoan Parties, BACC Lender may do any or all of the following: (a) make any payment which Borrower any Loan Party has failed to pay or any part thereof; (b) set up such reserves in any Borrower's loan account as BACC Lender deems necessary to protect BACC Lender from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof and take any action with respect to such policies as BACC Lender deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents. Documents Any payments made by BACC Lender shall not constitute: (ai) an agreement by BACC Lender to make similar payments in the future or (bii) a waiver by BACC Lender of any Event of Default. BACC Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien lien, and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, rents, assessments, insurance premiums premiums, or otherwise) due to third persons or entitiesPersons, or fails to make any deposits or furnish any required proof of payment or deposit, or fails all as required under the terms of this Agreement, then, to perform any of Borrowerthe extent that Lender determines that such failure by Borrower could have a material adverse effect on Lender's other covenants under any of interest in the Loan DocumentsCollateral, then in its discretion and without prior notice to the Borrower, BACC Lender may do any or all of the following: (a) make any payment which Borrower has failed to pay of the same or any part thereof; (b) set up such reserves in Borrower's loan account as BACC Lender deems necessary to protect BACC Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof 6.5, and take any action with respect to such policies as BACC Lender deems prudent; or (d) take any other action deemed necessary to preserve and protect its interests and rights under the Loan Documents. Any such amounts paid by Lender shall constitute Lender Expenses. Any such payments made by BACC Lender shall not constitute: (a) constitute an agreement by BACC Lender to make similar payments in the future or (b) a waiver by BACC Lender of any Event of DefaultDefault under this Agreement. BACC Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance encumbrance, or lien and the receipt of the usual official notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

TAXES AND EXPENSES REGARDING THE COLLATERAL. If Borrower fails to pay any monies (whether taxes, assessments, insurance premiums or otherwise) due to third persons or entitiesparties regarding the Collateral, or fails to make any deposits or furnish any required proof of payment or deposit, or fails to perform any of Borrower's other covenants under any the terms of the Loan Documentsthis Agreement, then in its discretion and without prior notice to Borrower, BACC Lender may do any or all of the following: (a) make any payment which Borrower has failed to pay or any part thereof; (b) set up such reserves in Borrower's loan account as BACC Lender deems necessary to protect BACC Lender from the exposure created by such failure; (c) obtain and maintain insurance policies of the type described in Section 6.10 hereof SECTION 6.12 and take any action with respect to such policies as BACC Lender deems prudent; or (d) take any other action deemed necessary by Lender to preserve and protect its interests and rights under the Loan Documentsthis Agreement. Any payments made by BACC Lender shall not constitute: (a) constitute an agreement by BACC Lender to make similar payments in the future or (b) a waiver by BACC Lender of any Event of DefaultDefault under this Agreement. BACC Lender need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.