Common use of Taxes and Other Obligations Clause in Contracts

Taxes and Other Obligations. The Borrower shall, and shall cause each of its Subsidiaries to, (a) file when due all tax returns and other reports which it is required to file; (b) pay, or provide for the payment, when due, of all taxes, fees, assessments and other governmental charges against it or upon its property, income and franchises, make all required withholding and other tax deposits, and establish adequate reserves for the payment of all such items, and provide to the Agent and the Lenders, upon request, satisfactory evidence of its timely compliance with the foregoing; and (c) pay when due all Debt owed by it and all claims of materialmen, mechanics, carriers, warehousemen, landlords, processors and other like Persons, and all other indebtedness owed by it and perform and discharge in a timely manner all other obligations undertaken by it; provided, however, so long as the Borrower has notified the Agent in writing, neither the Borrower nor any of its Subsidiaries need pay any tax, fee, assessment, or governmental charge or claims of materialmen, mechanics, carriers, warehousemen, landlords, processors and other like Persons (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which the Borrower or its Subsidiary, as the case may be, has established proper reserves as required under GAAP, and (iii) the nonpayment of which does not result in the imposition of a Lien (other than a Permitted Lien) or if such nonpayment will result in a Lien (other than a Permitted Lien) such anticipated Lien is bonded to the reasonable satisfaction of Agent (A) within thirty (30) days after the imposition of such Lien if such Lien is imposed solely on Borrower’s owned Real Estate or (B) in all other cases, prior to the time such Lien is imposed.

Taxes and Other Obligations. The Borrower Parent shall, and shall cause each of its Subsidiaries to, (a) file when due all federal, provincial and other material tax returns and other reports which it is required to file; (b) pay, or provide for the payment, when due, of all taxes, fees, assessments and other governmental charges against it or upon its property, income and franchises, make all required withholding and other tax deposits, and establish adequate reserves for the payment of all such items, and provide to the Agent and the Lenders, upon request, reasonably satisfactory evidence of its timely compliance with the foregoing; and (c) pay when due all Debt owed by it and all claims of materialmen, mechanics, carriers, warehousemen, landlords, processors landlords and other like PersonsPersons (except, with respect to such claims, to the extent the aggregate amount of all such claims not paid when due does not exceed $1,000,000) and all other indebtedness owed by it (except, with respect to such Debt, claims and other indebtedness and subject to the immediately preceding parenthetical with respect to claims, to the extent the aggregate amount of all such Debt, claims and other indebtedness not paid when due does not exceed $5,000,000 (with the Agent having the right in its reasonable commercial discretion to establish reserves against Availability for any amount of such Debt, claims and other indebtedness not paid when due in excess of $100,000 in the aggregate)) and perform and discharge in a timely manner all other obligations undertaken by it; provided, however, so long as the Borrower or Parent has notified the Agent in writing, neither the Borrower Parent nor any of its Subsidiaries need pay any tax, fee, assessment, or governmental charge or claims of materialmencharge, mechanics, carriers, warehousemen, landlords, processors and other like Persons that (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which the Borrower Parent or its Subsidiary, as the case may be, has established proper reserves for as required under provided in GAAP, and (iii) the nonpayment of which does not result in the imposition of a no Lien (other than a Permitted Lien) or if results from such nonpayment will result in a Lien (other than a Permitted Lien) such anticipated Lien is bonded to the reasonable satisfaction of Agent (A) within thirty (30) days after the imposition of such Lien if such Lien is imposed solely on Borrower’s owned Real Estate or (B) in all other cases, prior to the time such Lien is imposednon-payment.

Taxes and Other Obligations. The Borrower shall, and shall cause each of its Subsidiaries to, (a) file when due all tax returns and other reports which it is required to file; (b) pay, or provide for the payment, when due, of all taxes, fees, assessments and other governmental charges against it or upon its property, income and franchises, make all required withholding and other tax deposits, and establish adequate reserves for the payment of all such items, and provide to the Agent and the Lenders, upon request, satisfactory evidence of its timely compliance with the foregoing; and (c) pay when due all Debt owed by it and all claims of materialmen, mechanics, carriers, warehousemen, landlords, processors landlords and other like Persons, and all other indebtedness owed by it and perform and discharge in a timely manner all other obligations undertaken by it; provided, however, so long as the Borrower has notified the Agent in writing, neither the Borrower nor any of its Subsidiaries need pay any tax, fee, assessment, or governmental charge or claims of materialmencharge, mechanics, carriers, warehousemen, landlords, processors and other like Persons that (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which the Borrower or its Subsidiary, as the case may be, has established proper reserves for as required under provided in GAAP, and (iii) the nonpayment of which does not result in the imposition of a no Lien (other than a Permitted Lien) or if results from such nonpayment will result in a Lien (other than a Permitted Lien) such anticipated Lien is bonded non-payment. Without limiting the generality of the foregoing, the Borrower shall annually and more frequently when requested by the Agent, provide to the reasonable satisfaction of Agent or cause LDM Canada to provide to the Agent (Ai) within thirty a detailed accounting of all amounts paid (30upon collection of LDM Canada's accounts or otherwise) days after the imposition of such Lien if such Lien is imposed solely on Borrower’s owned Real Estate or (B) in all other cases, prior by LDM Canada to the time such Lien is imposedBorrower, whether or not applied to the Obligations outstanding and whether by way of loans, loan repayments, dividends or otherwise, together with a calculation of all withholding and other taxes payable in respect thereof and (ii) evidence satisfactory to the Agent of the remittance when due to the applicable Governmental Authorities of all withholding and other taxes payable in respect thereof.

Taxes and Other Obligations. The Each Borrower shall, and shall cause each of its Subsidiaries to, (a) file when due all tax returns and other reports which it is required to file; (b) pay, or provide for the payment, when due, of all taxes, fees, assessments and other governmental charges against it or upon its property, income and franchises, make all required withholding and other tax deposits, and establish adequate reserves for the payment of all such items, and provide to the Agent and the Lenders, upon request, satisfactory evidence of its timely compliance with the foregoing; and (c) pay when due all Debt owed by it and all claims of materialmen, mechanics, carriers, warehousemen, landlords, processors and other like Persons, and all other indebtedness owed by it and perform and discharge in a timely manner all other obligations undertaken by it; provided, however, so long as the Borrower Representative has notified the Agent in writing, neither the Borrower Borrowers nor any of its their Subsidiaries need pay any tax, fee, assessment, or governmental charge or claims of materialmen, mechanics, carriers, warehousemen, landlords, processors and other like Persons (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which the a Borrower or its Subsidiary, as the case may be, has established proper reserves as required under GAAP, and (iii) the nonpayment of which does not result in the imposition of a Lien (other than a Permitted Lien) or if such nonpayment will result in a Lien (other than a Permitted Lien) such anticipated Lien is bonded to the reasonable satisfaction of Agent (A) within thirty (30) days after the imposition of such Lien if such Lien is imposed solely on a Borrower’s owned Real Estate or (B) in all other cases, prior to the time such Lien is imposed.

Taxes and Other Obligations. The Borrower Parent shall, and shall cause each of its Subsidiaries to, (a) file when due all tax returns and other reports which it is required to file; (b) pay, or provide for the payment, when due, of all taxes, fees, assessments and other governmental charges against it or upon its property, income and franchises, make all required withholding and other tax deposits, and establish adequate reserves in accordance with GAAP for the payment of all such items, and provide to the Administrative Agent and the Lenders, upon request, satisfactory evidence of its timely compliance with the foregoing; and (c) pay when due all Debt owed by it and all claims of materialmen, mechanics, carriers, warehousemen, landlords, processors landlords and other like Persons, and all other indebtedness owed by it and trade payables and rent payable under leases of real property and perform and discharge in a timely manner all other material obligations undertaken by it; provided, however, so long as the Borrower has notified the Agent in writing, neither the Borrower Parent nor any of its Subsidiaries need pay any tax, fee, assessment, or governmental charge or claims of materialmencharge, mechanicsif, carriersin each case, warehousemen, landlords, processors and other like Persons (i) it is contesting the validity or amount thereof in good faith by appropriate proceedings diligently pursued, (ii) as to which the Borrower Parent or its Subsidiary, as the case may be, has established proper reserves for as required under provided in GAAP, and (iii) Liens securing an aggregate amount of $3,000,000 or more and arising from the nonpayment of which does non-payment thereof when due have not result in the imposition of a Lien (other than a Permitted Lien) or if such nonpayment will result attached to any Collateral in a manner which could have priority over the Lien (other than a Permitted Lien) of the Administrative Agent thereon and there is no imminent risk of the sale of or foreclosure on any property or assets of any Credit Party by the holder of any Liens arising from the non-payment thereof when due. Each Credit Party shall, and shall cause each of its Subsidiaries to remit when due, all sales, use or like taxes collected by such anticipated Lien is bonded Credit Party or Subsidiary to the reasonable satisfaction of Agent (A) within thirty (30) days after the imposition of such Lien if such Lien is imposed solely on Borrower’s owned Real Estate or (B) in all other cases, prior to the time such Lien is imposedappropriate governmental authority.