Common use of Taxes and Other Charges; Use and Occupancy Taxes Clause in Contracts

Taxes and Other Charges; Use and Occupancy Taxes. (a) Borrower or Operating Lessee shall pay all Taxes and Other Charges now or hereafter levied, assessed or imposed at least five (5) Business Days before the same become Due and Payable, and shall furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become Due and Payable (provided, however, that provided no Event of Default shall have occurred and be continuing neither Borrower nor Operating Lessee need pay Taxes directly nor furnish such receipts for payment of Taxes to the extent that funds to pay for such Taxes have been deposited into the Tax Account pursuant to Section 6.3). Borrower or Operating Lessee shall promptly pay for all utility services provided to the Properties. After prior notice to Lender, Borrower or Operating Lessee, at its own expense, may contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Taxes or Other Charges, provided that (i) no Default or Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Operating Lessee shall promptly upon final determination thereof pay the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of Taxes or Other Charges from the applicable Individual Property; (vi) to insure the payment of such Taxes or Other Charges exceeding $1,000,000 in the aggregate at any one time Borrower shall deposit with Lender cash, or other security as may be approved by Lender, in an amount equal to one hundred twenty-five percent (125%) of the contested amount, to insure the payment of any such Taxes or Other Charges, together with a reasonable estimate of all interest and penalties thereon, (vii) failure to pay such Taxes or Other Charges will not subject Lender to any civil or criminal liability, (viii) such contest shall not affect the ownership, use or occupancy of the Properties, or of any Individual Property, and (ix) Borrower or Operating Lessee shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (viii) of this Section 4.6. Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time when, in the judgment of Lender, the entitlement of such claimant is established or any Individual Property (or any part thereof or interest therein) shall be in danger of being sold, forfeited, terminated cancelled or lost or there shall be any danger of the Lien of the applicable Mortgage being primed by any related Lien.

Taxes and Other Charges; Use and Occupancy Taxes. (a) Borrower or Operating Lessee shall pay all Taxes and Other Charges now or hereafter levied, assessed or imposed at least five (5) Business Days before the same become Due and Payable, and shall furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become Due and Payable (provided, however, that provided no Event of Default shall have occurred and be continuing neither Borrower nor Operating Lessee need not pay Taxes directly nor furnish such receipts for payment of Taxes to the extent that funds to pay for such Taxes have been deposited into the Tax Account pursuant to Section 6.3). Borrower or Operating Lessee shall promptly pay for all utility services provided to the Properties. After prior notice to Lender, Borrower or Operating LesseeBorrower, at its own expense, may contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Taxes or Other Charges, provided that (i) no Default or Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Operating Lessee shall promptly upon final determination thereof pay the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of Taxes or Other Charges from the applicable Individual Property; (vi) to insure the payment of such Taxes or Other Charges exceeding $1,000,000 in the aggregate at any one time Borrower shall deposit with Lender cash, or other security as may be approved by Lender, in an amount equal to one hundred ten percent (110%) of the contested amount for any contested amounts of less than one million dollars ($1,000,000), individually or in the aggregate, and one hundred twenty-five percent (125%) of the contested amountamount for any contested amount of one million dollars ($1,000,000) or more, individually or in the aggregate, to insure the payment of any such Taxes or Other Charges, together with a reasonable estimate of all interest and penalties thereon, (vii) failure to pay such Taxes or Other Charges will not subject Lender to any civil or criminal liability, (viii) such contest shall not affect the ownership, use or occupancy of the Properties, or of any Individual Property, and (ix) Borrower or Operating Lessee shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (viii) of this Section 4.6. Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time when, in the judgment of Lender, the entitlement of such claimant is established or any Individual Property (or any part thereof or interest therein) shall be in danger of being sold, forfeited, terminated cancelled or lost or there shall be any danger of the Lien of the applicable Mortgage being primed by any related Lien.

Taxes and Other Charges; Use and Occupancy Taxes. (a) Borrower or Leasehold Pledgor shall (or shall cause Owner or Operating Lessee shall to) pay all Taxes and Other Charges now or hereafter levied, assessed or imposed at least five (5) Business Days before the same become Due and Payable, and shall (or shall cause Owner or Operating Lessee to) furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become Due and Payable (provided, however, that provided no Event of Default shall have occurred and be continuing neither Borrower nor Leasehold Pledgor need pay (or cause Owner or Operating Lessee need pay to pay) such Taxes directly nor furnish (nor cause Owner or Operating Lessee to furnish) such receipts for payment of Taxes have been paid by Mortgage Lender pursuant to the extent that funds to pay for such Taxes have been deposited into the Tax Account pursuant to Section 6.3Mortgage Loan Documents). Borrower or Leasehold Pledgor shall not permit or suffer (and shall not permit Owner or Operating Lessee to permit or suffer), and shall promptly discharge (or cause Owner or Operating Lessee to discharge), any Lien or charge against the Properties, and shall promptly pay (or cause Owner or Operating Lessee to pay) for all utility services provided to the Properties. After prior notice to Lender, Borrower or Leasehold Pledgor may cause Owner or Operating Lessee, at its own Owner’s or Operating Lessee’s expense, may to contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Taxes or Other Charges, provided that (i) no Default or Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Operating Lessee shall promptly upon final determination thereof pay (or cause Owner or Operating Lessee to pay) the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of Taxes or Other Charges from the applicable Individual Property; (vi) to insure the payment of such Taxes or and Other Charges exceeding $1,000,000 in the aggregate at any one time time, Borrower or Leasehold Pledgor shall cause Owner or Operating Lessee to deposit with Mortgage Lender cash, or other security as may be approved by Mortgage Lender, in an amount equal to one hundred twenty-five percent (125%) of the contested amount, to insure the payment of any such Taxes or Other Charges, together with a reasonable estimate of all interest and penalties thereonthereon (provided, however, that no such security will be required if Owner or Operating Lessee has provided adequate security for the same to Mortgage Lender in accordance with the Mortgage Loan Documents), (vii) failure to pay such Taxes or Other Charges will not subject Lender to any civil or criminal liability, (viii) such contest shall not affect the ownership, use or occupancy of the Properties, or of any Individual Property, and (ix) Borrower or Operating Lessee Leasehold Pledgor shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (viii) of this Section 4.6. Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time when, in the judgment of Lender, the entitlement of such claimant is established or any Individual Property (or any part thereof or interest therein) shall be in danger of being sold, forfeited, terminated cancelled or lost or there shall be any danger of the Lien of the applicable Mortgage Pledge Agreement being primed by any related Lien.

Taxes and Other Charges; Use and Occupancy Taxes. (a) Borrower or Leasehold Pledgor shall (or shall cause Owner or Operating Lessee shall to) pay all Taxes and Other Charges now or hereafter levied, assessed or imposed at least five (5) Business Days before the same become Due and Payable, and shall (or shall cause Owner or Operating Lessee to) furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become Due and Payable (provided, however, that provided no Event of Default shall have occurred and be continuing neither Borrower nor Leasehold Pledgor need pay (or cause Owner or Operating Lessee need pay to pay) such Taxes directly nor furnish (nor cause Owner or Operating Lessee to furnish) such receipts for payment of Taxes have been paid by Mortgage Lender pursuant to the extent that funds to pay for such Taxes have been deposited into the Tax Account pursuant to Section 6.3Mortgage Loan Documents). Borrower or Leasehold Pledgor shall not permit or suffer (and shall not permit Owner or Operating Lessee to permit or suffer), and shall promptly discharge (or cause Owner or Operating Lessee to discharge), any Lien or charge against the Properties, and shall promptly pay (or cause Owner or Operating Lessee to pay) for all utility services provided to the Properties. After prior notice to Lender, Borrower or Leasehold Pledgor may cause Owner or Operating Lessee, at its own Owner’s or Operating Lessee’s expense, may to contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Taxes or Other Charges, provided that (i) no Default or Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property or Collateral nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Operating Lessee Leasehold Pledgor shall promptly upon final determination thereof pay (or cause Owner or Operating Lessee to pay) the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of Taxes or Other Charges from the applicable Individual Property; (vi) to insure the payment of such Taxes or and Other Charges exceeding $1,000,000 in the aggregate at any one time time, Borrower or Leasehold Pledgor shall cause Owner or Operating Lessee to deposit with Mortgage Lender cash, or other security as may be approved by Mortgage Lender, in an amount equal to one hundred twenty-five percent (125%) of the contested amount, to insure the payment of any such Taxes or Other Charges, together with a reasonable estimate of all interest and penalties thereonthereon (provided, however, that no such security will be required if Owner or Operating Lessee has provided adequate security for the same to Mortgage Lender in accordance with the Mortgage Loan Documents), (vii) failure to pay such Taxes or Other Charges will not subject Lender to any civil or criminal liability, (viii) such contest shall not affect the ownership, use or occupancy of the Properties, or of any Individual Property, and (ix) Borrower or Operating Lessee Leasehold Pledgor shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (viii) of this Section 4.6. Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time when, in the judgment of Lender, the entitlement of such claimant is established or any Individual Property (or any part thereof or interest therein) or any Collateral (or any portion thereof) shall be in danger of being sold, forfeited, terminated terminated, cancelled or lost or there shall be any danger of the Lien of any Mortgage secured by the applicable Mortgage Individual Property or the Pledge Agreement being primed by any related Lien.

Taxes and Other Charges; Use and Occupancy Taxes. (a) Borrower or Leasehold Pledgor shall (or shall cause Owner or Operating Lessee shall to) pay all Taxes and Other Charges now or hereafter levied, assessed or imposed at least five (5) Business Days before the same become Due and Payable, and shall (or shall cause Owner or Operating Lessee to) furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become Due and Payable (provided, however, that provided no Event of Default shall have occurred and be continuing neither Borrower nor Leasehold Pledgor need pay (or cause Owner or Operating Lessee need pay to pay) such Taxes directly nor furnish (nor cause Owner or Operating Lessee to furnish) such receipts for payment of Taxes have been paid by Mortgage Lender pursuant to the extent that funds to pay for such Taxes have been deposited into the Tax Account Mortgage Loan Documents or by Mezzanine A Lender pursuant to Section 6.3the Mezzanine A Loan Documents). Borrower or Leasehold Pledgor shall not permit or suffer (and shall not permit Owner or Operating Lessee to permit or suffer), and shall promptly discharge (or cause Owner or Operating Lessee to discharge), any Lien or charge against the Properties, and shall promptly pay (or cause Owner or Operating Lessee to pay) for all utility services provided to the Properties. After prior notice to Lender, Borrower or Leasehold Pledgor may cause Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, Owner or Operating Lessee, at its own Owner’s or Operating Lessee’s expense, may to contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Taxes or Other Charges, provided that (i) no Default or Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property Property, Mezzanine A Collateral or Collateral nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Operating Lessee Leasehold Pledgor shall promptly upon final determination thereof pay (or cause Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, Owner or Operating Lessee to pay) the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of Taxes or Other Charges from the applicable Individual Property; (vi) to insure the payment of such Taxes or and Other Charges exceeding $1,000,000 in the aggregate at any one time time, Borrower or Leasehold Pledgor shall cause Owner or Operating Lessee to deposit with Mortgage Lender cash, or other security as may be approved by Mortgage Lender, in an amount equal to one hundred twenty-five percent (125%) of the contested amount, to insure the payment of any such Taxes or Other Charges, together with a reasonable estimate of all interest and penalties thereonthereon (provided, however, that no such security will be required if Owner or Operating Lessee has provided adequate security for the same to Mortgage Lender in accordance with the Mortgage Loan Documents or Mezzanine A Borrower has provided security for the same to Mezzanine A Lender in accordance with the Mezzanine A Loan Documents), (vii) failure to pay such Taxes or Other Charges will not subject Lender to any civil or criminal liability, (viii) such contest shall not affect the ownership, use or occupancy of the Properties, or of any Individual Property, and (ix) Borrower or Operating Lessee Leasehold Pledgor shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (viii) of this Section 4.6. Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time when, in the judgment of Lender, the entitlement of such claimant is established or any Individual Property (or any part thereof or interest therein), the Mezzanine A Collateral (or any portion thereof) or any Collateral (or any portion thereof) shall be in danger of being sold, forfeited, terminated terminated, cancelled or lost or there shall be any danger of the Lien of the applicable Mortgage secured by the Property, any Lien in favor of Mezzanine A Lender secured by the Mezzanine A Collateral, or the Lien of the Pledge Agreement secured by the Collateral being primed by any related Lien.

Taxes and Other Charges; Use and Occupancy Taxes. (a) Borrower shall (or Operating Lessee shall cause Owner to) pay all Taxes and Other Charges now or hereafter levied, assessed or imposed at least five (5) Business Days before the same become Due and Payable, and shall (or shall cause Owner to) furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become Due and Payable (provided, however, that provided no Event of Default shall have occurred and be Mezzanine Loan Agreement continuing neither Borrower nor Operating Lessee need not pay (or cause Owner to pay) such Taxes directly nor furnish (nor cause Owner to furnish) such receipts for payment of Taxes have been paid by Mortgage Lender pursuant to the extent that funds to pay for such Taxes have been deposited into the Tax Account pursuant to Section 6.3Mortgage Loan Documents). Borrower shall not permit or Operating Lessee suffer (and shall not permit Owner to permit or suffer), and shall promptly discharge (or cause Owner to discharge), any Lien or charge against the Properties, and shall promptly pay (or cause Owner to pay) for all utility services provided to the Properties. After prior notice to Lender, Borrower or Operating Lesseemay cause Owner, at its own Owner’s expense, may to contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Taxes or Other Charges, provided that (i) no Default or Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Operating Lessee shall promptly upon final determination thereof pay (or cause Owner to pay) the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of Taxes or Other Charges from the applicable Individual Property; (vi) to insure the payment of such Taxes or Other Charges exceeding $1,000,000 in the aggregate at any one time Borrower shall cause Owner to deposit with Mortgage Lender cash, or other security as may be approved by Mortgage Lender, in an amount equal to one hundred ten percent (110%) of the contested amount for any contested amounts of less than one million dollars ($1,000,000), individually or in the aggregate, and one hundred twenty-five percent (125%) of the contested amountamount for any contested amount of one million dollars ($1,000,000) or more, individually or in the aggregate, to insure the payment of any such Taxes or Other Charges, together with a reasonable estimate of all interest and penalties thereonthereon (provided, however, that no such security will be required if Owner has provided adequate security for the same to Mortgage Lender in accordance with the Mortgage Loan Documents), (vii) failure to pay such Taxes or Other Charges will not subject Lender to any civil or criminal liability, (viii) such contest shall not affect the ownership, use or occupancy of the Properties, or of any Individual Property, and (ix) Borrower or Operating Lessee shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (viii) of this Section 4.6. Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time when, in the judgment of Lender, the entitlement of such claimant is established or any Individual Property (or any part thereof or interest therein) shall be in danger of being sold, forfeited, terminated cancelled or lost or there shall be any danger of the Lien of the applicable Mortgage Pledge Agreement being primed by any related Lien.

Taxes and Other Charges; Use and Occupancy Taxes. (a) Borrower shall (or Operating Lessee shall cause Owner to) pay all Taxes and Other Charges now or hereafter levied, assessed or imposed at least five (5) Business Days before the same become Due and Payable, and shall (or shall cause Owner to) furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become Due and Payable (provided, however, that provided no Event of Default shall have occurred and be continuing neither Borrower nor Operating Lessee need not pay (or cause Owner to pay) such Taxes directly nor furnish (nor cause Owner to furnish) such receipts for payment of Taxes have been paid by Mortgage Lender pursuant to the extent that funds to pay for such Taxes have been deposited into the Tax Account pursuant to Section 6.3Mortgage Loan Documents). Borrower shall not permit or Operating Lessee suffer (and shall not permit Owner to permit or suffer), and shall promptly discharge (or cause Owner to discharge), any Lien or charge against the Properties, and shall promptly pay (or cause Owner to pay) for all utility services provided to the Properties. After prior notice to Lender, Borrower or Operating Lesseemay cause Owner, at its own Owner’s expense, may to contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Taxes or Other Charges, provided that (i) no Default or Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Operating Lessee shall promptly upon final determination thereof pay (or cause Owner to pay) the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of Taxes or Other Charges from the applicable Individual Property; (vi) to insure the payment of such Taxes or Other Charges exceeding $1,000,000 in the aggregate at any one time Borrower shall cause Owner to deposit with Mortgage Lender cash, or other security as may be approved by Mortgage Lender, in an amount equal to one hundred ten percent (110%) of the contested amount for any contested amounts of less than one million dollars ($1,000,000), individually or in the aggregate, and one hundred twenty-five percent (125%) of the contested amountamount for any contested amount of one million dollars ($1,000,000) or more, individually or in the aggregate, to insure the payment of any such Taxes or Other Charges, together with a reasonable estimate of all interest and penalties thereonthereon (provided, however, that no such security will be required if Owner has provided adequate security for the same to Mortgage Lender in accordance with the Mortgage Loan Documents), (vii) failure to pay such Taxes or Other Charges will not subject Lender to any civil or criminal liability, (viii) such contest shall not affect the ownership, use or occupancy of the Properties, or of any Individual Property, and (ix) Borrower or Operating Lessee shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (viii) of this Section 4.6. Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time when, in the judgment of Lender, the entitlement of such claimant is established or any Individual Property (or any part thereof or interest therein) shall be in danger of being sold, forfeited, terminated cancelled or lost or there shall be any danger of the Lien of the applicable Mortgage Pledge Agreement being primed by any related Lien.