Common use of TAXES AND OTHER LIABILITIES Clause in Contracts

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 76 contracts

Samples: Credit Agreement (SBS Technologies Inc), Credit Agreement (Motorcar Parts & Accessories Inc), Credit Agreement (Good Times Restaurants Inc)

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TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 48 contracts

Samples: Credit Agreement (Rocky Mountain Chocolate Factory, Inc.), Credit Agreement (Medalist Diversified REIT, Inc.), Credit Agreement (Werner Enterprises Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 44 contracts

Samples: Credit Agreement (Marcus & Millichap, Inc.), Credit Agreement, Credit Agreement

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 28 contracts

Samples: Credit Agreement, Credit Agreement (Sigmatron International Inc), Credit Agreement (Tilly's, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal Federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 10 contracts

Samples: Credit Agreement (Lecg Inc), Credit Agreement (Epitope Inc/Or/), Credit Agreement (Gadzooks Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or and personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Trade Bank's ’s satisfaction, for eventual payment thereof in the event that Borrower is obligated to make such payment.

Appears in 8 contracts

Samples: Credit Agreement (Infosonics Corp), Credit Agreement (Cutter & Buck Inc), Credit Agreement (International Displayworks, Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, personal and including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has provided provision is made provision, to Bank's satisfaction, the satisfaction of Bank for eventual payment thereof in the event Borrower that it is obligated to make such paymentfound that the same is an obligation of Borrower.

Appears in 6 contracts

Samples: Credit Agreement (Chalone Wine Group LTD), Credit Agreement (Provena Foods Inc), Credit Agreement (Diodes Inc /Del/)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxestaxes of the Borrower, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as the Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which the Borrower has made provision, to Bank's Lender’s satisfaction, for eventual payment thereof in the event the Borrower is obligated to make such payment.

Appears in 6 contracts

Samples: Possession Credit Agreement, Possession Credit Agreement, Credit Agreement

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or and personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Trade Bank's satisfaction, for eventual payment thereof in the event that Borrower is obligated to make such payment.

Appears in 5 contracts

Samples: Credit Agreement (Southwall Technologies Inc /De/), Credit Agreement (Southwall Technologies Inc /De/), Credit Agreement (Key Technology Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower such Person may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower such Person has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower such Person is obligated to make such payment.

Appears in 5 contracts

Samples: Credit Agreement (Natus Medical Inc), Credit Agreement (Natus Medical Inc), Credit Agreement (Natus Medical Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to BankLender's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 4 contracts

Samples: Term Loan Agreement (Vicon Industries Inc /Ny/), Credit Agreement (Vicon Industries Inc /Ny/), Credit Agreement (Vicon Industries Inc /Ny/)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal limitation, Federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to BankLender's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 4 contracts

Samples: Loan Agreement (Andataco Inc), Loan Agreement (Stevens International Inc), Loan Agreement (Titan Motorcycle Co of America Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s reasonable satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 4 contracts

Samples: Credit Agreement (Tekelec), Credit Agreement (Corvel Corp), Credit Agreement (Wind River Systems Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to BankLender's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 4 contracts

Samples: Credit Agreement (Corixa Corp), Credit Agreement (Allis Chalmers Corp), Warrant Purchase Agreement (Allis Chalmers Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower or a subsidiary of Borrower is obligated to make such payment.

Appears in 4 contracts

Samples: Credit Agreement (Employers Holdings, Inc.), Credit Agreement (Employers Holdings, Inc.), Credit Agreement (Employers Holdings, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments assessments, and taxes, both real taxes of Borrower or personal, including without limitation federal and state income taxes and state and local property taxes and assessmentsGuarantor, except such (a) as Borrower it may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 4 contracts

Samples: Loan Agreement (Total Entertainment Restaurant Corp), Loan Agreement (Total Entertainment Restaurant Corp), Loan Agreement (Total Entertainment Restaurant Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments assessments, and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessmentsof Borrower, except such (a) as Borrower it may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 3 contracts

Samples: Loan Agreement (T Netix Inc), Loan Agreement (T Netix Inc), Loan Agreement (Lone Star Steakhouse & Saloon Inc)

TAXES AND OTHER LIABILITIES. Pay Borrower shall pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or and personal, owed by or relating to Borrower and Borrower’s properties (including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes), except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has provided provision is made provision, to Bank's satisfaction, the satisfaction of Lender for eventual payment thereof in the event Borrower that it is obligated to make such paymentfound that the same is an obligation of Borrower.

Appears in 3 contracts

Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower or any Material Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or such Material Subsidiary has made provision, to Bank's satisfactionin accordance with GAAP, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 3 contracts

Samples: Credit Agreement (Lacrosse Footwear Inc), Security Agreement (Lacrosse Footwear Inc), Credit Agreement (Lacrosse Footwear Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, provision for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 3 contracts

Samples: Credit Agreement (America First Multifamily Investors, L.P.), Credit Agreement (America First Multifamily Investors, L.P.), Loan Agreement (Utah Medical Products Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, provision with adequate reserves under GAAP for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 3 contracts

Samples: Credit Agreement (Power Integrations Inc), Credit Agreement (Power Integrations Inc), Credit Agreement (Power Integrations Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's Lender’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 3 contracts

Samples: Credit Agreement (Rocky Mountain Chocolate Factory, Inc.), Credit Agreement (Consonus Technologies, Inc.), Credit Agreement (Consonus Technologies, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, personal and including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has provided provision is made provision, to Bank's satisfaction, the satisfaction of Lender for eventual payment thereof in the event Borrower that it is obligated to make such paymentfound that the same is an obligation of Borrower.

Appears in 3 contracts

Samples: Loan Agreement (East West Communications Inc), Loan Agreement (Bal Rivgam Wireless Inc), Loan Agreement (Lynch Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event that Borrower is obligated to make such payment.

Appears in 3 contracts

Samples: Gametech International Inc, Network Appliance Inc, Network Peripherals Inc

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, in an amount exceeding $10,000 except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provisionmaintains adequate reserves with respect thereto, to Bank's satisfactionin accordance with generally accepted accounting principles, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 3 contracts

Samples: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal Federal and state income taxes and state and local property taxes and assessments, except such (a) as a Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, provision for eventual payment thereof adequate reserves in the event Borrower is obligated to make such paymentaccordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Praegitzer Industries Inc), Credit Agreement (Praegitzer Industries Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any (a) all federal, state and all indebtedness, obligationsother material taxes, assessments and taxesother governmental charges that may be levied or assessed upon it or any of its property and (b) all other material Indebtedness, both real or personal, including without limitation federal obligations and state income taxes and state and local property taxes and assessmentsliabilities in accordance with customary trade practices, except (i) such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (bii) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Arcturus Therapeutics Holdings Inc.), Credit Agreement (Arcturus Therapeutics Holdings Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which (i) Borrower has made provisionestablished adequate reserves in accordance with GAAP, and (ii) no foreclosure, distraint, levy, sale or similar proceedings have yet commenced with respect to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make any of Borrower’s assets as a result of such paymenttaxes or assessments.

Appears in 2 contracts

Samples: Credit Agreement (Cray Inc), Credit Agreement (Cray Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all material indebtedness, obligations, assessments and taxes, both real or personal, including without limitation material federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower the applicable Loan Party may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower the applicable Loan Party has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower such Loan Party is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Antero Midstream GP LP), Credit Agreement

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligationsindebtedness in excess of $100,000, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Proto Labs Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's reasonable satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Elmers Restaurants Inc), Credit Agreement (Corvel Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower or any Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or any Subsidiary has made provision, to BankLender's satisfaction, for eventual payment thereof in the event Borrower or any Subsidiary is obligated to make such payment.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Vaalco Energy Inc /De/), Subordinated Credit Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest be contested or as to which a bona fide dispute may arise, and (b) for which Borrower provision has made provisionbeen made, to Bank's satisfactionin accordance with generally accepted accounting principles, consistently applied, for eventual payment thereof in the event Borrower or Smart(Europe) is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Smart Modular Technologies Inc), Credit Agreement (Smart Modular Technologies Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower or any Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or any Subsidiary has made provision, to BankAgent's satisfaction, for eventual payment thereof in the event Borrower or any Subsidiary is obligated to make such payment.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Vaalco Energy Inc /De/), Subordinated Credit Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower or Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or Subsidiary has made provision, to Bank's satisfactionin accordance with GAAP, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Lacrosse Footwear Inc), Credit Agreement (Lacrosse Footwear Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, personal and including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has so long as provision is made provision, to Bank's satisfaction, the satisfaction of Lender for eventual payment thereof in the event Borrower that it is obligated to make such paymentfound that the same is an obligation of Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Nitrogen Partners, L.P.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxestaxes of the Borrower, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as the Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which the Borrower has made provision, to Bank's Lender’s reasonable satisfaction, for eventual payment thereof in the event the Borrower is obligated to make such payment.

Appears in 2 contracts

Samples: Possession Credit Agreement, Possession Credit Agreement

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof appropriate reserves in the event Borrower is obligated to make such paymentaccordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Axt Inc), Credit Agreement (Axt Inc)

TAXES AND OTHER LIABILITIES. Pay Shall pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has ; provided that provision is made provision, to Bank's satisfaction, the satisfaction of Lender for eventual payment thereof in the event Borrower that it is obligated to make such paymentfound that the same is an obligation of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Valence Technology Inc), Original Loan Agreement (Valence Technology Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, personal and including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes, which in the aggregate the nonpayment of which would have a Material Adverse Effect, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has so long as provision is made provision, to Bank's satisfaction, the satisfaction of Lender for eventual payment thereof in the event Borrower if it is obligated to make such paymentfound that payment is an obligation of Borrower.

Appears in 2 contracts

Samples: Line of Credit Agreement (Hyseq Inc), Line of Credit Agreement (Hyseq Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower such Obligor may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower such Obligor has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower such Obligor is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Marcus & Millichap, Inc.), Credit Agreement (Marcus & Millichap, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s reasonable satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Astro Med Inc /New/), Credit Agreement (Rentrak Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower or any Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or such Subsidiary has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower or such Subsidiary is obligated to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Keith Companies Inc), Credit Agreement (Invivo Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower or such Third Party Obligor may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower or such Third Party Obligor is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Sunpower Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, personal and including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has provided provision is made provision, to Bank's satisfaction, for eventual payment thereof therefore in the event financial statements of Borrower is obligated to make such paymentthe extent required by generally accepted accounting principles.

Appears in 1 contract

Samples: Loan Agreement (Lynch Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as such Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which such Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event such Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Precept Business Services Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or and personal, owed by or relating to Borrower, any of the Projects or any of the Additional Properties (including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes), except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has provided provision is made provision, to Bank's satisfaction, the reasonable satisfaction of Lender for eventual payment thereof in the event Borrower that it is obligated to make such paymentfound that the same is an obligation of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Corporate Realty Income Fund I L P)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfactionprovision in accordance with GAAP, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Rocky Mountain Chocolate Factory Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessmentsassessments that, if not paid, could reasonably be expected to result in a Material Adverse Effect, except such (a) such as Borrower and its Subsidiaries may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof and its Subsidiaries have set aside adequate reserves with respect thereto in the event Borrower is obligated to make such paymentaccordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Linear Technology Corp /Ca/)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtednessindebtness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may reasonably arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (First Consulting Group Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower any Company may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower such Company has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower such Company is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Tier Technologies Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, claims, assessments and taxes, both real or personalincluding, including without limitation limitation, federal and state income taxes and state and local property taxes and assessmentsassessments on all property, whether real, personal or mixed, except such (a) as Borrower may are being contested in good faith contest or as to which there exists a bona fide dispute, provided that such contest or dispute may ariseis being diligently pursued, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such paymenthas been made.

Appears in 1 contract

Samples: Credit Agreement (Acr Group Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower or NWCMI may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or NWCMI has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower or NWCMI is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Natural Wonders Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to BankLender's reasonable satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Navidec Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfactionas required by GAAP, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Chegg, Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including including, without limitation federal limitation, Federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, exist and (b) for which Borrower has made provision, to Bank's satisfaction, provision for eventual payment thereof adequate reserves in the event Borrower is obligated to make such paymentaccordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as any Borrower or Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which such Borrower or Subsidiary has made provision, to Bank's satisfaction, for eventual payment thereof in the event such Borrower or Subsidiary is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Guitar Center Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower or any Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or any Subsidiary has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower or any Subsidiary is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Synaptics Inc)

TAXES AND OTHER LIABILITIES. Pay Borrower shall pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or and personal, owed by or relating to Borrower and Borrower’s properties (including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes), except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) provided provision is made to the satisfaction of Administrative Agent for which Borrower has made provision, to Bank's satisfaction, for eventual prompt payment thereof in the event Borrower that it is obligated to make such paymentfound that the same is an obligation of Borrower.

Appears in 1 contract

Samples: Construction Loan Agreement (Imax Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's CPC’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Datalink Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower it may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower it has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower it is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Winnebago Industries Inc)

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TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower or a Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or a Subsidiary has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower or a Subsidiary is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Lexar Media Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as a Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which such Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event such Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Communications Systems Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all material indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof maintains with respect thereto adequate reserves in the event Borrower is obligated to make such paymentaccordance with generally accepted accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Saba Software Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower any Obligor may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower any Obligor has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower such Obligor is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Mocon Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtednessIndebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower such Person may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower such Person has made provision, as required pursuant to Bank's satisfactionGAAP, for eventual payment thereof in the event Borrower such Person is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Liquidity Services Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfactionconsistent with generally accepted accounting principles, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Universal Technical Institute Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, arise and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (First Consulting Group Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower or such Third Party Obligor may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower or such Third Party Obligor is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Sunpower Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtednessmaterial Indebtedness, obligations, assessments and taxes, both real or personaltaxes owing by Borrower, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Plantronics Inc /Ca/)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal limitation, Federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bankthe Agent's reasonable satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Loan Agreement (Good Guys Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower or Subsidiary may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or Subsidiary has made provision, to Bank's ’s reasonable satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Lacrosse Footwear Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, material assessments and taxes, both real or personal, including including, without limitation limitation, federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower or any Subsidiary Guarantor may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or any Subsidiary Guarantor has made provision, to Bank's satisfaction, provision for eventual payment thereof appropriate reserves in the event Borrower is obligated to make such paymentaccordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Intermec, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has Borrxxxx xxx made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Startek Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower it may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower it has made provision, to Bank's satisfactionprovision in accordance with GAAP, for eventual payment thereof in the event Borrower it is obligated to make such payment, or which individually or in the aggregate, reasonably would not be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Heartland Express Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such paymentpayment and (c) except to the extent permitted by Section 2.10 hereof.

Appears in 1 contract

Samples: Credit Agreement (Tilly's, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's reasonable satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.. 

Appears in 1 contract

Samples: Credit Agreement (Flexsteel Industries Inc)

TAXES AND OTHER LIABILITIES. Pay and --9-- discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as such Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which such Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event such Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Seattle Filmworks Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such of the foregoing (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Lmi Aerospace Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal Federal and state income taxes and state and local property taxes and assessments, except such (a) as a Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has Borrowers have made provision, to Bank's satisfaction, provision for eventual payment thereof adequate reserves in the event Borrower is obligated to make such paymentaccordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Ajay Sports Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, obligattons. assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Advanced Energy Industries Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal Federal and state income taxes and state and local property taxes and assessments, except such (a) as a Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has Borrowers have made provision, to Bank's satisfaction, provision for eventual payment thereof adequate reserves in the event Borrower is obligated to make such payment.accordance with GAAP. P46

Appears in 1 contract

Samples: Credit Agreement (Williams Controls Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including including, without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Emrise CORP)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxesTaxes, both real or personal, including without limitation federal and state income taxes Taxes and state and local property taxes Taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment. SECTION 4.8.

Appears in 1 contract

Samples: Credit and Security Agreement (Kewaunee Scientific Corp /De/)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment. SECTION 4.8.

Appears in 1 contract

Samples: Credit Agreement (Medtox Scientific Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower or any of its respective Subsidiaries, as applicable, may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or any such applicable Subsidiary has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Surmodics Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, material assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower or any Subsidiary Guarantor may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower or any Subsidiary Guarantor has made provision, to Bank's satisfaction, provision for eventual payment thereof appropriate reserves in the event Borrower is obligated to make such paymentaccordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Intermec, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower any Loan Party thereof may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower any Loan Party has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower such Loan Party is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Zumiez Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfactionmaintains adequate reserves in accordance with generally accepted accounting principles, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Corio Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and --------------------------- all indebtedness, obligations, assessments and taxes, both real or and personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Trade Bank's satisfaction, for eventual payment thereof in the event that Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Somera Communications Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.. 4814-2699-5207/14

Appears in 1 contract

Samples: Credit Agreement (Good Times Restaurants Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due (and cause its Subsidiaries to pay and discharge when due) any and all material indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessmentsTaxes, except such (a) such as Borrower (or its Subsidiaries, as applicable) may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, adequate reserves to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such paymentextent required by GAAP.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lindsay Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower each Credit Party may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower each Credit Party has made provision, to Bank's ’s satisfaction, for eventual payment thereof in the event Borrower such Credit Party is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Zumiez Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as such Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which such Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Precept Business Services Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or and personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) such as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Trade Bank's reasonable satisfaction, for eventual payment thereof in the event that Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Cymer Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except (i) such (a) as Borrower Obligors, as applicable, may in good faith contest or as to which a bona fide dispute may arise, and (bii) for which Borrower has Obligors, as applicable, have made provision, to BankLender's satisfaction, for eventual payment thereof in the event Borrower is Obligors, as applicable, are obligated to make such payment.

Appears in 1 contract

Samples: Construction Loan Agreement (Nutex Health, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxestaxes of Borrower, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's Lender’s satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Line of Credit Agreement (Humbl, Inc.)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, including including, without limitation limitation, federal and state income taxes and taxes, state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Natures Sunshine Products Inc)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments assessments, taxes real and taxes, both real or personal, including without limitation federal and state income taxes and state and local property taxes and assessmentstaxes, except such (a) as Borrower may in good faith contest or as to which a bona fide bonafide dispute may arise, and (b) for which Borrower has ; provided provision is made provision, to Bank's satisfaction, the satisfaction of Bank for eventual payment thereof in the event Borrower that it is obligated to make such paymentfound that the same is an obligation of Borrower.

Appears in 1 contract

Samples: Credit Agreement (G&l Realty Corp)

TAXES AND OTHER LIABILITIES. Pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real or personal, personal including without limitation federal and state income taxes and state and local property taxes and assessments, except such (a) as Borrower may in good faith contest or as to which a bona fide dispute may arise, and (b) for which Borrower has made provision, to Bank's satisfaction, for eventual payment thereof in the event Borrower is obligated to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Startek Inc)

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