Common use of Taxes and Governmental and Utility Charges Clause in Contracts

Taxes and Governmental and Utility Charges. The Mortgagors will pay or cause to be paid, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property or any part thereof, including without limiting the generality of the foregoing, all ad valorem taxes levied against the Mortgaged Property and any other taxes levied upon the Mortgaged Property which, if not paid, will become a charge on the receipts from the Mortgaged Property or a lien against the Mortgaged Property or any interest therein or the revenues derived therefrom; all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged Property; and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Mortgaged Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors shall be obligated to pay only such installments when and as they are required to be paid. The Mortgagors may, at the Mortgagors' expense, in good faith contest any such taxes, assessments and other charges, all in the manner and subject to the conditions set forth in Section 5.3(b) of the Agreement.

Taxes and Governmental and Utility Charges. The Mortgagors Mortgagor will pay or cause to be paid, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property or any part thereof, including including, without limiting the generality of the foregoing, all ad valorem taxes levied against the Mortgaged Property and any other taxes levied upon the Mortgaged Property which, if not paid, will become a charge on the receipts from the Mortgaged Property or a lien against the Mortgaged Property or any interest therein or the revenues derived therefrom; all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged Property; and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on or the Mortgaged Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors Mortgagor shall be obligated to pay only such installments when and as they are required to be paid. The Mortgagors Mortgagor may, at the Mortgagors' Mortgagor's expense, in good faith contest any such taxes, assessments and other charges, all in the manner and subject to the conditions set forth in Section 5.3(b) of the Agreement.

Taxes and Governmental and Utility Charges. The Mortgagors Mortgagor will pay or cause to be paid, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property or any part thereof, including including, without limiting the generality of the foregoing, all ad valorem taxes or payments in lieu of taxes levied against the Mortgaged Property and any other taxes levied upon the Mortgaged Property which, if not paid, will become a charge on the receipts from the Mortgaged Property or a lien against the Mortgaged Property or any interest therein or the revenues derived therefrom; all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged Property; and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Mortgaged Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors Mortgagor shall be obligated to pay or cause to be paid only such installments when and as they are required to be paid. The Mortgagors Mortgagor may, at the Mortgagors' Mortgagor's expense, in good faith contest any such taxes, assessments and other charges, all provided that such contest shall not result in a lien being placed on the Mortgaged Property or any part thereof or result in the manner and Mortgaged Property being subject to loss or forfeiture, and further provided that the conditions set forth Mortgagor gives notice in Section 5.3(b) writing of such contest to the AgreementTrustee.

Taxes and Governmental and Utility Charges. The Mortgagors will pay or cause to be paid, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property or any part thereof, including including, without limiting the generality of the foregoing, all ad valorem taxes levied against the Mortgaged Property and any other taxes levied upon the Mortgaged Property which, if not paid, will become a charge on the receipts from the Mortgaged Property or a lien against the Mortgaged Property or any interest therein or the revenues derived therefrom; all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged Property; and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Mortgaged Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors shall be obligated to pay only such installments when and as they are required to be paid. The Mortgagors Each Mortgagor may, at the Mortgagors' such Mortgagor's expense, in good faith contest any such taxes, assessments and other charges, all in the manner and subject to the conditions set forth in Section 5.3(b5.18(a)(ii) of the Installment Sale Agreement.

Taxes and Governmental and Utility Charges. The Mortgagors Mortgagor will pay or cause to be paid, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property or any part thereof, including including, without limiting the generality of the foregoing, all ad valorem taxes levied against the Mortgaged Property and any other taxes levied upon the Mortgaged Property which, if not paid, will become a charge on the receipts from the Mortgaged Property or a lien against the Mortgaged Property or any interest therein or the revenues derived therefrom; all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged Property; and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Mortgaged Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors Mortgagor shall be obligated to pay only such installments when and as they are required to be paid. The Mortgagors Mortgagor may, at the Mortgagors' Mortgagor's expense, in good faith contest any such taxes, assessments and other charges, all in the manner and subject to the conditions set forth in Section 5.3(bParagraph 5(o) and (p) of the AgreementGuaranty.

Taxes and Governmental and Utility Charges. (a) The Mortgagors Company will pay or cause to be paid, as before the same respectively date when interest (provided that "interest" shall not include discounts for early payment under the Law of the State of Alabama (the "State")) and penalties become duedue thereon, all taxes and governmental and utility charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property Collateral or any part thereofthereof (other than taxes or charges that are the subject of a Good Faith Contest), including including, without limiting the generality of the foregoing, (i) all ad valorem taxes levied against the Mortgaged Property Collateral and any other taxes levied upon the Mortgaged Property whichCollateral that, if not paid, will become a charge Lien on the receipts from the Mortgaged Property Collateral or a lien against the Mortgaged Property Collateral or any interest therein or the revenues derived therefrom; (ii) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged PropertyCollateral that, if not paid, will become a Lien on the receipts from the Collateral or a Lien against the Collateral or any interest therein or the revenues derived therefrom; and (iii) all assessments and charges lawfully made by any governmental body Governmental Authority for public improvements that may be secured by a lien Lien on the Mortgaged PropertyCollateral, provided that that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors Company shall be obligated to pay only such installments when and as they are required to be paid. The Mortgagors . (b) In the event of the passage after the date of this Mortgage of any Law of the State or in any other state in which the Collateral is located, changing in any way the Laws now in force for the taxation of mortgages, deeds of trust or debts secured thereby, for state or local purposes, or the manner of the operation of any such taxes so as to adversely affect the interest of Mortgagee, then and in such event, the Company shall bear and pay the full amount of such taxes; provided, however, that if for any reason payment by the Company of any such new or additional taxes would be unlawful or if the payment thereof would constitute usury or render the loan or indebtedness secured hereby wholly or partially usurious under any of the terms or provisions of this Mortgage, or otherwise, Mortgagee may, at its option, either (i) exercise its remedies under Section 21 as soon as the Mortgagors' expensefailure to pay such taxes results in a Mortgage Event of Default (as defined herein) or (ii) waive, as directed by the Required Senior Creditors in good faith contest Senior Creditor Certificates, any such taxes, assessments Mortgage Event of Default and other charges, all in any payment received from the manner and subject Company to the conditions set forth in Section 5.3(b) extent of such unlawful or usurious amount and the AgreementCompany shall concurrently therewith pay the remaining lawful and non-usurious portion or balance of said taxes.

Taxes and Governmental and Utility Charges. The Mortgagors Mortgagor will pay or cause to be paid, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property or any part thereof, including including, without limiting the generality of the foregoing, all ad valorem taxes levied against the Mortgaged Property and any other taxes levied upon the Mortgaged Property which, if not paid, will become a charge on the receipts from the Mortgaged Property or a lien against the Mortgaged Property or any interest therein or the revenues derived therefrom; all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged Property; and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Mortgaged Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors Mortgagor shall be obligated to pay only such installments when and as they are required to be paid. The Mortgagors Mortgagor may, at the Mortgagors' Mortgagor's expense, in good faith contest any such taxes, assessments and other charges, all in the manner and subject to the conditions set forth in Section 5.3(b) 7.3 of the Lease Agreement.

Taxes and Governmental and Utility Charges. The Mortgagors Mortgagor will pay or cause to be paid, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property or any part thereof, including including, without limiting the generality of the foregoing, all ad valorem taxes levied against the Mortgaged Property and any other taxes levied upon the Mortgaged Property which, if not paid, will become a charge on the receipts from the Mortgaged Property or a lien against the Mortgaged Property or any interest therein or the revenues derived therefrom; all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged Property; and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Mortgaged Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors Mortgagor shall be obligated to pay only such installments when and as they are required to be paid. The Mortgagors Mortgagor may, at the Mortgagors' Mortgagor's expense, in good faith contest any such taxes, assessments and other charges, all in the manner and subject to the conditions set forth in Section 5.3(b5.3 (b) of the Agreement.

Taxes and Governmental and Utility Charges. The Mortgagors Mortgagor will pay or cause to be paid, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Mortgaged Property or any part thereof, including without limiting the generality of the foregoing, all ad valorem taxes levied against the Mortgaged Property and any other taxes levied upon the Mortgaged Property which, if not paid, will become a charge on the receipts from the Mortgaged Property or a lien against the Mortgaged Property or any interest therein or the revenues derived therefrom; all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Mortgaged Property; and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Mortgaged Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagors Mortgagor shall be obligated to pay only such installments when and as they are required to be paid. The Mortgagors Mortgagor may, at the Mortgagors' Mortgagor's expense, in good faith contest any such taxes, assessments and other charges, all in the manner and subject to the conditions set forth in Section 5.3(b) of the Agreement.