Common use of Taxes and Impositions Clause in Contracts

Taxes and Impositions. Trustor shall pay, prior to delinquency, all of the following (collectively, the “Impositions”): (a) All general and special real property taxes and assessments imposed on the Property; (b) All other taxes and assessments and charges of every kind that are assessed upon the Property (or upon the owner and/or operator of the Property) and that create or may create a lien upon the Property (or upon any personal property or fixture used in connection with the Property), including, without limitation, non-governmental levies and assessments pursuant to applicable covenants, conditions or restrictions; and (c) All license fees, taxes and assessments imposed on Beneficiary (other than Beneficiary’s income or franchise taxes) which are measured by or based upon (in whole or in part) the amount of the obligations secured by the Property. If permitted by law, Trustor may pay the Imposition in installments (together with any accrued interest). Trustor shall not be required to pay any Imposition so long as (i) its validity is being actively contested in good faith and by appropriate proceedings, (ii) Trustor has demonstrated to Beneficiary’s reasonable satisfaction that leaving such Imposition unpaid pending the outcome of such proceedings could not result in conveyance of the Property in satisfaction of such Imposition or otherwise impair Beneficiary’s interest under this Deed of Trust, and (iii) Trustor has furnished Beneficiary with a bond or other security satisfactory to Beneficiary in an amount not less than 120% of the applicable claim (including interest and penalties). Upon demand by Beneficiary from time to time, Trustor shall deliver to Beneficiary, within 30 days following the due date of any Imposition, evidence of payment reasonably satisfactory to Beneficiary. In addition, upon demand by Beneficiary from time to time, Trustor shall furnish to Beneficiary a tax reporting service for the Property of a type and duration, and with a company, reasonably satisfactory to Beneficiary.

Appears in 3 contracts

Samples: Affordable Housing Agreement, Affordable Housing Agreement, Affordable Housing Agreement

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Taxes and Impositions. Except as otherwise provided in the Transaction Documents, and subject to availability of any legal exemptions therefor, Trustor shall pay, prior to delinquency, all of the following (collectively, the “Impositions”―Impositions‖): (a) All general and special real property taxes and assessments imposed on the Property; (b) All other taxes and assessments and charges of every kind that are assessed upon the Property (or upon the owner and/or operator of the Property) and that create or may create a lien upon the Property (or upon any personal property or fixture used in connection with the Property), including, without limitation, non-governmental levies and assessments pursuant to applicable covenants, conditions or restrictions; and (c) All license fees, taxes and assessments imposed on Beneficiary (other than Beneficiary’s income or franchise taxes) which is/are measured by or based upon (in whole or in part) the amount of the obligations secured by the Property. If permitted by law, Trustor may pay the Imposition in installments (together with any accrued interest). Trustor shall not be required to pay any Imposition so long as (i) its validity is being actively contested in good faith and by appropriate proceedings, (ii) Trustor has demonstrated to Beneficiary’s reasonable satisfaction that leaving such Imposition unpaid pending the outcome of such proceedings could not result in conveyance of the Property in satisfaction of such Imposition or otherwise impair Beneficiary’s interest under this Deed of Trust, and (iii) Trustor has furnished Beneficiary with a bond or other security satisfactory to Beneficiary in an amount not less than 120% of the applicable claim (including interest and penalties). Upon demand by Beneficiary from time to time, Trustor shall deliver to Beneficiary, within 30 days following the due date of any Imposition, evidence of payment reasonably satisfactory to Beneficiary. In addition, upon demand by Beneficiary from time to time, Trustor shall furnish to Beneficiary a tax reporting service for the Property of a type and duration, and with a company, reasonably satisfactory to Beneficiary.

Appears in 2 contracts

Samples: Implementation Agreement, Implementation Agreement

Taxes and Impositions. Trustor Subject to Borrower’s right to claim exemptions under California Revenue and Taxation Code Section 214, Borrower shall paypay or cause to be paid, prior to delinquency, all of the following (collectively, the "Impositions”): "): (a) All all general and special specific real property taxes and assessments imposed on the Property; ; (b) All all other taxes and assessments and charges of every kind that are assessed upon the Property (or upon the owner and/or operator of the Property) and that create or may create a lien upon the Property (or upon any personal persona! property or fixture fixtures used in connection with the Property), including, including without limitation, non-governmental limitation nongovernmental levies and assessments pursuant to applicable covenants, conditions or restrictions; and and (c) All all license fees, taxes and assessments imposed on Beneficiary Bondowner Representative (other than BeneficiaryBondowner Representative’s income or franchise taxes) which are measured by or based upon (in whole or in part) the amount of the obligations secured by the Property. If permitted by law, Trustor Borrower may pay the or cause to be paid any Imposition in installments (together with any accrued interest). Trustor Borrower shall not be required to pay or cause to be paid any Imposition so long as (id) its validity is being actively contested in good faith and by appropriate proceedings, (iie) Trustor Borrower has demonstrated to BeneficiaryBondowner Representative’s reasonable satisfaction that leaving such Imposition unpaid pending the outcome of such proceedings could not result in conveyance of the Property in satisfaction of such Imposition or otherwise impair Beneficiary’s interest Bondowner Representative's interests under this Deed of Trust, the Loan Documents and (iiif) Trustor if Bondowner Representative shall so request, Borrower has furnished Beneficiary Bondowner Representative with a bond or other security satisfactory to Beneficiary Bondowner Representative in an amount not less than 120100% of the applicable claim (including interest and penalties)claim. Upon demand by Beneficiary Bondowner Representative from time to time, Trustor Borrower shall (g) deliver to BeneficiaryBondowner Representative, within 30 days following the due date of any Imposition, evidence of payment reasonably satisfactory to Beneficiary. In addition, upon demand by Beneficiary from time to time, Trustor shall furnish to Beneficiary a tax reporting service for the Property of a type and duration, and with a company, reasonably satisfactory to Beneficiary.thirty

Appears in 1 contract

Samples: Loan Agreement

Taxes and Impositions. Except as otherwise provided in the Transaction Documents, and subject to availability of any legal exemptions therefor, Trustor shall pay, prior to delinquency, all of the following (collectively, the “Impositions”): (a) All general and special real property taxes and assessments imposed on the Property; (b) All other taxes and assessments and charges of every kind that are assessed upon the Property (or upon the owner and/or operator of the Property) and that create or may create a lien upon the Property (or upon any personal property or fixture used in connection with the Property), including, without limitation, non-governmental levies and assessments pursuant to applicable covenants, conditions or restrictions; and (c) All license fees, taxes and assessments imposed on Beneficiary (other than Beneficiary’s income or franchise taxes) which is/are measured by or based upon (in whole or in part) the amount of the obligations secured by the Property. If permitted by law, Trustor may pay the Imposition in installments (together with any accrued interest). Trustor shall not be required to pay any Imposition so long as (i) its validity is being actively contested in good faith and by appropriate proceedings, (ii) Trustor has demonstrated to Beneficiary’s reasonable satisfaction that leaving such Imposition unpaid pending the outcome of such proceedings could not result in conveyance of the Property in satisfaction of such Imposition or otherwise impair Beneficiary’s interest under this Deed of Trust, and (iii) Trustor has furnished Beneficiary with a bond or other security satisfactory to Beneficiary in an amount not less than 120% of the applicable claim (including interest and penalties). Upon demand by Beneficiary from time to time, Trustor shall deliver to Beneficiary, within 30 days following the due date of any Imposition, evidence of payment reasonably satisfactory to Beneficiary. In addition, upon demand by Beneficiary from time to time, Trustor shall furnish to Beneficiary a tax reporting service for the Property of a type and duration, and with a company, reasonably satisfactory to Beneficiary.

Appears in 1 contract

Samples: Implementation Agreement

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Taxes and Impositions. (a) Trustor shall pay, or cause to be paid prior to delinquency, all of the following (collectively, the “Impositions”): (a) All general and special real property taxes and assessments imposed on the Property; (b) All assessments, general and special, and all other taxes and assessments and charges of every any kind that are assessed upon the Property (or upon the owner and/or operator of the Property) and that create or may create a lien upon the Property (or upon any personal property or fixture used in connection with the Property)nature whatsoever accruing after May 30, 2017 including, without limitation, non-governmental levies and or assessments pursuant to applicable such as maintenance charges, levies or charges resulting from covenants, conditions or restrictions; and (c) All license fees, taxes and assessments imposed on Beneficiary (other than Beneficiary’s income or franchise taxes) restrictions affecting the Property which are measured by assessed or based imposed upon (in whole the Property, or in part) the amount upon Trustor as owner or operator of the obligations secured by Property, and which create or may create a lien upon the Property. If permitted , or any part thereof, or upon any personal property, equipment or other facility used in the operation or maintenance thereof (all of the above collectively referred to as “Impositions”); provided, however, that if, by law, any such Imposition is due and payable, or may at the option of the taxpayer be paid, in installments, Trustor may pay the Imposition in installments (same or cause it to be paid, together with any accrued interest on the unpaid balance of such Imposition, in installments as the same become due and before any fine, penalty, interest or cost may be added thereto for the nonpayment of any such installment and interest. (b) Subject to the provisions of Paragraph 2.09(c). , Trustor shall deliver to Beneficiary within thirty (30) days after the date upon which any such Imposition is due and payable by Trustor, official receipts of the appropriate taxing authority, or other proof reasonably satisfactory to Beneficiary, evidencing the payment thereof. (c) Trustor shall have the right before any delinquency occurs to or object to the amount or validity of any such Imposition by appropriate legal proceedings, but this shall not be required deemed or construed in any way as relieving, modifying or extending Trustor’s covenant to pay any such Imposition at the time and in the manner provided herein, unless Trustor has given prior written notice to Beneficiary of Trustor’s intent to so long as contest or object to an Imposition, and unless (i) its validity is being actively contested in good faith and by appropriate proceedings, (ii) Trustor has demonstrated shall demonstrate to Beneficiary’s reasonable satisfaction that leaving the legal proceedings shall conclusively operate to prevent the sale of the Property, or any part thereof, to satisfy such Imposition unpaid pending the outcome prior to final determination of such proceedings could not result in conveyance of the Property in satisfaction of such Imposition proceedings; or otherwise impair (ii) Trustor shall demonstrate to Beneficiary’s interest under this Deed of Trust, and (iii) reasonable satisfaction that Trustor has furnished Beneficiary with provided a bond good and sufficient undertaking as may be required or other security satisfactory permitted by law to Beneficiary in an amount not less than 120% of the applicable claim (including interest and penalties). Upon demand by Beneficiary from time to time, Trustor shall deliver to Beneficiary, within 30 days following the due date accomplish a stay of any Impositionsuch sale. (d) All Impositions accruing up to and including May 30, evidence 2017 shall be paid pursuant to the terms of payment reasonably satisfactory to Beneficiary. In addition, upon demand by Beneficiary from time to time, Trustor shall furnish to Beneficiary a tax reporting service for the Property Trustor’s anticipated Chapter 11 plan of a type and duration, and with a company, reasonably satisfactory to Beneficiaryreorganization (“Plan”).

Appears in 1 contract

Samples: Secured Super Priority Post Petition Credit Agreement (First Capital Real Estate Trust Inc)

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