Taxes and Other Obligations. Such Loan Party shall, and shall cause each of its Subsidiaries to, (a) file when due all foreign, federal, provincial, state and other 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 (in each instance under this clause (c); provided, however, so long as the Authorized Representative has notified the Agent in writing, neither such Loan Party nor any of its Subsidiaries need pay any tax, fee, assessment or governmental charge that (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which such Loan Party or Subsidiary, as the case may be, has established proper reserves for as provided in GAAP, and (iii) no Lien (other than a Permitted Lien) results from such non-payment.
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Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.)
Taxes and Other Obligations. Such Loan Party shall, and shall cause each of its Subsidiaries to, (a) file when due all foreign, federal, provincial, state income and other tax returns and other reports which it is required to file; (b) pay, or provide for the payment, when due, of all taxestaxes (including, without limitation, sales tax), 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 (in each instance under this clause (c)it; provided, however, so long as the Authorized Representative such Loan Party has notified the Agent in writing, neither such Loan Party nor any of its Subsidiaries need pay any tax, fee, assessment or governmental charge that such amount (i) that it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as with respect to which such Loan Party or its Subsidiary, as the case may be, has established proper reserves for as provided in GAAP, and (iii) for which no Lien (other than a Permitted Lien) results from such non-payment.
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Samples: Loan and Security Agreement (Manhattan Bagel Co Inc)
Taxes and Other Obligations. Such Each Loan Party shall, and shall cause each of its Subsidiaries to, (a) file when due prior to delinquency all foreign, federal, provincial, state and other 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 or other provision required by GAAP 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 (in each instance under this clause (c)it; provided, however, so long as the Authorized Representative Westlake has notified the Agent in writing, neither such no Loan Party nor or any of its their Subsidiaries need to pay any tax, fee, assessment assessment, or governmental charge that (i) it which such Loan Party is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to for which such Loan Party or its Subsidiary, as the case may be, has established proper reserves for as provided in required under GAAP, and (iii) no the nonpayment of which does not result in the imposition of a Lien (other than a Permitted Lien) results from such non-payment).
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Taxes and Other Obligations. Such Loan Except as otherwise permitted by the terms of this Agreement, each Obligated Party shall, and shall cause each of its Subsidiaries to, : (a) file when due (after giving effect to all foreign, federal, provincial, state and other timely filed appropriate extensions) all tax returns and other reports which that it is required to file; (b) pay, or provide for the payment, when due, of all taxes, fees, assessments assessments, and other governmental charges against it or upon its property, income income, and franchises, make all required withholding and other tax deposits, and establish adequate reserves for the payment of all such itemsitems in accordance with GAAP, 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 and claims owed by it and all claims of to materialmen, mechanics, carriers, warehousemen, landlords, processors processors, and other like Persons, and all other indebtedness owed by it indebtedness, liabilities, and perform and discharge obligations the nonpayment of that could result in a timely manner all other obligations undertaken by it (in each instance under this clause (c)Lien on any of the Collateral; provided, however, so long as the Authorized Representative such Obligated Party has notified the Administrative Agent in writing, neither such Loan the Obligated Party nor any of its Subsidiaries need not pay any tax, fee, assessment assessment, or governmental charge that (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which such Loan Obligated Party or Subsidiary, as the case may be, has established proper reserves for as provided in required under GAAP, and (iii) no the nonpayment of which does not result in the imposition of a Lien (other than a Permitted Lien) results from such non-payment).
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Samples: Loan and Security Agreement (Mercury Air Group Inc)
Taxes and Other Obligations. Such Loan Each Borrower Party shall, and shall cause each of its Subsidiaries to, to (a) file when due (after taking into account any applicable exemptions) all foreign, federal, provincial, state and other 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 (in each instance under this clause (c)it; provided, however, so long as the Authorized Representative Administrative Borrower has notified the Agent and the Co-Agent in writing, neither such Loan no Borrower Party nor any of its Subsidiaries or Subsidiary need pay any tax, fee, assessment assessment, or governmental charge that (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which such Loan Borrower Party or Subsidiary, as the case may be, has established proper reserves for as provided in required under GAAP, and (iii) no the nonpayment of which does not result in the imposition of a Lien (other than a Permitted Lien) results from such non-payment).
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Samples: Credit Agreement (Salton Inc)
Taxes and Other Obligations. Such Loan Party shallEach Borrower will, and shall will cause each of its Subsidiaries to, : (a) file when due all foreign, federal, provincial, state and other tax returns and other reports which it is required to file; (b) pay, or provide for the payment, pay when due, of due all taxes, fees, assessments assessments, and other governmental charges against it or upon its propertyProperty, income income, and franchises, make all required withholding and other tax deposits, and establish adequate reserves for the payment of all such items, and shall provide to the Agent and the LendersAgent, upon request, satisfactory evidence of its timely compliance with the foregoing; and (cb) 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; and (c) comply with the terms and provisions of each judgment, law, statute, rule, and governmental regulation applicable to it (and each contract, mortgage, lien, lease, indenture, order, instrument, agreement, or document to which it is a party or by which it is bound, except in each instance under this clause (c)case where noncompliance would not have a Material Adverse Effect; provided, however, so long as the Authorized Representative has notified the Agent in writing, neither such Loan Party nor any of its Subsidiaries however that a Borrower or Subsidiary need not pay any tax, fee, assessment assessment, governmental charge, or governmental charge Debt, or perform or discharge any other obligation, that (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which such Loan Party or Subsidiary, as the case may be, and it has established proper and maintains adequate reserves for as provided (in the good faith judgment of the management of such Person) with respect thereto in accordance with GAAP, and (iii) no Lien (other than a Permitted Lien) results from such non-payment.
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Samples: Revolving Credit and Term Loan Agreement (Penn Traffic Co)
Taxes and Other Obligations. Such Loan Party The Borrower shall, and shall cause each of its Subsidiaries to, (a) file when due all foreign, federal, provincial, state and other 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 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 (in each instance under this clause (c)it; provided, however, so long as the Authorized Representative Borrower has notified the Agent in writing, neither such Loan Party the Borrower nor any of its Subsidiaries need pay any tax, fee, assessment assessment, or governmental charge that or claim of materialmen, mechanics or carriers (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which such Loan Party the Borrower or its Subsidiary, as the case may be, has established proper reserves for as provided in required under GAAP, and (iii) no the nonpayment of which does not result in the imposition of a Lien (other than a Permitted Lien) results from such non-payment).
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Samples: Credit Agreement (Gfsi Inc)
Taxes and Other Obligations. Such Loan Party Fleetwood shall, and shall cause each of its Subsidiaries to, (a) file when due all foreign, federal, provincial, state and other tax returns and other reports which it is required to file; (b) pay, or provide for the payment, when duedue (subject to permitted extensions), 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 (in each instance under this clause (c)it; providedPROVIDED, howeverHOWEVER, so long as the Authorized Representative Fleetwood has notified the Agent in writing, neither such Loan Party Fleetwood nor any of its Subsidiaries need pay any tax, fee, assessment assessment, or governmental charge that (i) it is contesting in good faith by appropriate proceedings diligently pursued, (ii) as to which such Loan Party Fleetwood or its Subsidiary, as the case may be, has established proper reserves for as provided in required under GAAP, and (iii) no the nonpayment of which does not result in the imposition of a Lien (other than a Permitted Lien) results from such non-payment).
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