Taxes and Other Government Charges. The Borrower shall pay, shall cause each Project Company to pay, or cause to be paid, as and when due and prior to delinquency, all Taxes, assessments and governmental charges of any kind that may at any time be lawfully assessed or levied against or with respect to any Loan Party or any Project, all utility and other charges incurred in the construction, operation, maintenance, use, occupancy and upkeep of any Project, and all assessments and charges lawfully made by any Governmental Authority for public improvements that may be secured by a Lien on any Project. However, the Borrower may contest in good faith any such Taxes, assessments and other charges and, in such event, may permit the Taxes, assessments or other charges so contested to remain unpaid during any period, including appeals, when the Borrower is in good faith contesting the same, so long as, with respect to any such dispute in an amount greater than Three Hundred Thousand Dollars ($300,000) (a) reserves reasonably satisfactory to the Administrative Agent in accordance with GAAP have been established in an amount sufficient to pay any such Taxes, assessments or other charges, accrued interest thereon, potential penalties, additions to Tax or other costs relating thereto, or other adequate provision for the payment thereof shall have been made; (b) enforcement of the contested Tax, assessment or other charge is effectively stayed for the entire duration of such contest and (c) any Tax, assessment or other charge determined to be due, together with any interest, additions to Tax or penalties thereon, is paid when due after resolution of such contest by final non-appealable judgment.
Taxes and Other Government Charges. (a) Pay, or cause to be paid, as and when due and prior to delinquency, all taxes, assessments and governmental charges of any kind that may at any time be lawfully assessed or levied against or with respect to the Borrower and each Borrower Subsidiary Party, and take all Relevant Member Action to pay, or cause to be paid, as and when due and prior to delinquency, all taxes, assessments and governmental charges of any kind that may at any time be lawfully assessed or levied against or with respect to any Subject Fund; provided, that, without limiting any requirements set forth in the Organizational Documents of any Subject Fund, the Borrower or Funded Subsidiary, as applicable, may contest in good faith any such taxes, assessments and other charges and, in such event, may permit the taxes, assessments or other charges so contested to remain unpaid during any period, including appeals, when such Person is in good faith contesting the same, so long as, to the extent the amount of all disputes being contested exceeds Two Hundred Fifty Thousand Dollars ($250,000) in the aggregate, (i) adequate reserves to the extent required by GAAP have been established to the satisfaction of the Administrative Agent, (ii) enforcement of the contested tax, assessment or other charge is effectively stayed for the entire duration of such contest and (iii) any tax, assessment or other charge determined to be due, together with any interest or penalties thereon, is paid when due after resolution of such contest.
(b) Remain and cause each Managing Member (excluding [***]) to remain classified as a disregarded entity for U.S. federal income tax purposes.
Taxes and Other Government Charges. 8.1. Any licenses or clearances required at the port of entry and destination for the Products shall be obtained and paid for by the Buyer.
8.2. Unless otherwise stated by the Principal in writing, prices quoted by the Principal or included in an Accepted Order do not include value-added tax or any other tax or duty or the cost of packaging, packing, delivery or insurance, all of which shall be paid by the Buyer at the time when payment of the price for the Goods is due.
Taxes and Other Government Charges. (a) Pay, or cause to be paid, as and when due and prior to delinquency, all taxes, assessments and governmental charges of any kind that may at any time be lawfully assessed or levied against or with respect to Borrower; provided that Borrower may contest in good faith any such taxes, assessments and other charges and, in such event, may permit the taxes, assessments or other charges so contested to remain unpaid during any period, including appeals, when Borrower is in good faith contesting the same, so long as, to the extent the amount of all disputes being contested exceeds Two Hundred Fifty Thousand Dollars ($250,000) in the aggregate, (a) adequate reserves to the extent required by GAAP have been established to the satisfaction of the Administrative Agent, (b) enforcement of the contested tax, assessment or other charge is effectively stayed for the entire duration of such contest and (c) any tax, assessment or other charge determined to be due, together with any interest or penalties thereon, is paid when due after resolution of such contest.
(b) Borrower will remain classified as a disregarded entity for U.S. federal income tax purposes.
Taxes and Other Government Charges. (a) Landlord shall pay all real property taxes billed with respect to the Premises prior to Commencement Date, and pay all special assessments which become a lien on the Premises prior to Commencement Date. Tenant shall pay, before any penalty or interest attaches, all general taxes, special taxes, special assessments, water charges, sewer service charges, utility charges and fees, and other governmental charges of any kind whatsoever levied or assessed against or with respect to the Premises, and any buildings, fixtures, and improvements thereon, at any time after the Commencement Date and during the Term of this Lease, and all renewal(s). Tenant shall furnish to Landlord copies of any receipts for such payments to Landlord within fifteen (15) days of Landlord’s written request. Notwithstanding the foregoing, with respect to all real property taxes. Such real property taxes shall be prorated between the parties as if such taxes cover the calendar year in which such taxes are first billed. Tenant shall be responsible only for the portion of such taxes covering the term of this Lease under such proration method, and Landlord shall be responsible for the balance of such taxes. Additionally, Tenant shall be responsible for only those installments of special assessments first billed during the term of this Lease.
(b) Tenant shall pay before any penalty or interest attaches all personal property taxes levied or assessed against the personal property of Tenant located upon the Premises, and shall, within fifteen (15) days of Landlord’s written request, furnish to Landlord duplicate receipts thereof.
(c) If Tenant shall, in good faith, desire to contest the validity or amount of any tax, assessment, levy or other governmental charge herein agreed to be paid by Tenant, Tenant shall be permitted to do so, and, unless required otherwise by law, shall be permitted to defer payment of such tax or charge, the validity or amount of which Tenant is so contesting, until final determination of the contest, upon giving to Landlord written notice thereof prior to the commencement of any such contest, which shall be given at least ten (10) days prior to delinquency, and upon protecting the Premises and Landlord’s adjoining lands, and upon giving to Landlord, on demand by Landlord, a good and sufficient surety bond or other security satisfactory to Landlord against any such tax, levy, assessments, rate, or governmental charge, and upon holding Landlord harmless from any costs,...
Taxes and Other Government Charges. (a) Subject to the provisions of Section 9, any and all applicable sales, use or similar transaction based taxes (“Tax” or “Taxes”) arising out of the Services or the lease of the Aircraft, in any manner levied, assessed or imposed by any government or subdivision or agency thereof having jurisdiction will be the sole responsibility and liability of FedEx.
(b) Lessee agrees to provide FedEx with an invoice that separately states the amount of the charges related to Taxes. With respect to any Tax which FedEx has assumed responsibility for under this Section 9, FedEx will either (i) pay such Tax directly to the taxing jurisdiction, if permitted by law, (ii) pay such Tax to Lessee in accordance with the payment procedures, (iii) provide to Lessee an exemption certificate or letter stating that the entire charge or some portion of the charge is exempt from any such Tax, or (iv) require Lessee to obtain any available exemption certificates or letters, at Lessee’s expense, stating that the entire charge or some portion of the charge is exempt from any such Tax. If payment is made in accordance with (ii) above, upon written request of FedEx and at the expense of Lessee, Lessee will provide FedEx with evidence that the Tax has been remitted to the taxing jurisdiction.
(c) If any Tax for which FedEx has assumed the responsibility for payment pursuant to this Section 9 is levied, assessed or imposed upon Lessee, Lessee will promptly give FedEx notice of such levy, assessment or imposition, whereupon FedEx will promptly pay and discharge the same or, in FedEx’s sole discretion and if permitted by law, will contest such liability before payment. If Lessee fails to notify FedEx in time to file a timely appeal of such levy, assessment or imposition, FedEx will be relieved of its payment obligation with respect to that Tax.
(d) Upon the written request and at the expense of FedEx, Lessee will fully cooperate with FedEx in contesting or protesting the validity or application of any such Tax (including, but not limited to, permitting FedEx to proceed in Lessee name if required or permitted by law, provided, in each case, that such contest does not involve, or can be separated from, the contest of any Tax or issues unrelated to the transactions described in this Agreement). FedEx will also have the right to participate in any contest conducted by the Lessee with respect to a Tax or other charge for which FedEx has assumed the responsibility for payment under this Section 9,...
Taxes and Other Government Charges. (a) Pay, or cause to be paid, as and when due and prior to delinquency, all taxes, assessments and governmental charges of any kind that may at any time be lawfully assessed or levied against or with respect to the Borrower and each Funded Subsidiary; provided, that the [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. Borrower or a Funded Subsidiary, as applicable, may contest in good faith any such taxes, assessments and other charges and, in such event, may permit the taxes, assessments or other charges so contested to remain unpaid during any period, including appeals, when the Borrower is in good faith contesting the same, so long as, to the extent the amount of all disputes being contested exceeds Two Hundred Fifty Thousand Dollars ($250,000) in the aggregate, (a) adequate reserves to the extent required by GAAP have been established to the satisfaction of the Administrative Agent, (b) enforcement of the contested tax, assessment or other charge is effectively stayed for the entire duration of such contest and (c) any tax, assessment or other charge determined to be due, together with any interest or penalties thereon, is paid when due after resolution of such contest.
(b) The Borrower will remain classified as a disregarded entity for U.S. federal income tax purposes.
Taxes and Other Government Charges. 10 9. CONDEMNATIONS; CASUALTY...............................................11
Taxes and Other Government Charges. Subject to the second sentence of this Section 2.8, Borrower shall timely tile, or cause to be filed, all material tax returns and pay, or cause to be paid as and when due and prior to any delinquency, all material taxes, assessments and governmental charges of any kind that may at any time be lawfully assessed or levied against or with respect to Borrower or its Subsidiaries. Borrower may contest in good faith any such taxes, assessments and other charges and, in such event, may permit the taxes, assessments or other charges so contested to remain unpaid during any period, including appeals, when Borrower is in good faith contesting the same, so long as (a) reserves to the extent required by GAAP have been established in an amount sufficient to pay any such taxes, assessments or other charges, accrued interest thereon and potential penalties or other costs relating thereto, or other adequate provision for the payment thereof shall have been made and maintained at all times during such contest, (b) enforcement of the contested tax, assessment or other charge is stayed for the entire duration of such contest, and (c) any tax, assessment or other charge determined to be due, together with any interest or penalties thereon, is promptly paid after resolution of such contest.
Taxes and Other Government Charges. (a) Tenant shall pay, before any penalty or interest attaches, all general taxes, special taxes, lessee-user taxes, special assessments, water charges, sewer service charges, and other governmental charges of any kind whatsoever levied or assessed against or with respect to the Premises at any time during the Term of this Lease, and shall, upon written request, furnish to Landlord duplicate receipts therefor.
(b) Tenant shall pay before any penalty or interest attaches all personal property taxes levied or assessed against the personal property of Tenant located upon the Premises, and shall, upon written request, furnish to Landlord duplicate receipts thereof.
