Common use of Taxes, Assessments and Liens Clause in Contracts

Taxes, Assessments and Liens. Borrower will pay when due all taxes, assessments and liens, if any, upon the Collateral, its use or operation, upon this Agreement, the Note, or upon any of the other Loan Documents, and provide annual proof thereof. Borrower may withhold any such payment or may elect to contest any lien if Borrower is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender’s interest in the Collateral is not jeopardized in Lender’s reasonable opinion. If the Collateral is subjected to a lien which is not discharged within forty-five (45) days of the date Borrower receives notice of such lien, Borrower shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide or the discharge of the lien plus any interest, costs, attorneys’ fees or other charges that could accrue as a result of foreclosure or sale of the Collateral. In any contest Borrower shall defend itself and Lender and shall satisfy any final adverse judgment before enforcement against the Collateral. Borrower shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings.

Appears in 1 contract

Samples: Loan and Security Agreement (Manufactured Housing Properties Inc.)

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Taxes, Assessments and Liens. Borrower will pay when due due, all taxes, assessments assessments, and liens, if any, liens upon the Collateral, its the use or of operation, upon this Agreement, upon any promissory note or notes evidencing the NoteIndebtedness, or upon any of the other Loan Related Documents, and provide annual proof thereof. Borrower may withhold any such payment or may elect to contest any lien if Borrower is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender’s 's interest in the Collateral is not jeopardized in Lender’s reasonable 's sole opinion. If the Collateral is subjected to a lien which is not discharged within forty-five fifteen (4515) days of the date Borrower receives notice of such liendays, Borrower shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide or for the discharge of the lien plus any interest, costs, attorneys’ reasonable attorneys fees or other charges that could accrue as a result of foreclosure or sale of the Collateral. In any contest contest, Borrower shall defend itself and Lender and shall satisfy any final adverse judgment before enforcement against the Collateral. Borrower shall name Lender as an additional obligee obligor under any surety bond furnished in the contest proceedings. Borrower further agrees to furnish Lender with evidence that such taxes, assessments, and government and other charges have been paid in full and in a timely manner. Borrower may withhold any such payment or may elect to contest any lien if Borrower is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's interest in the Collateral is not jeopardized.

Appears in 1 contract

Samples: Security Agreement (Loyaltypoint Inc)

Taxes, Assessments and Liens. Borrower will pay when due all taxes, assessments and liens, if any, liens upon the Collateral, its use or operation, upon this Agreement, upon any note or Notes evidencing the NoteObligations, or upon any of the other Loan Documents, and provide annual proof thereof. Borrower may withhold any such payment or may elect to contest any lien if Borrower is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender’s interest in the Collateral is not jeopardized in Lender’s reasonable opinion. If the Collateral is subjected to a lien which is not discharged within forty-five fifteen (4515) days of the date Borrower receives notice of such liendays, Borrower shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide or for the discharge of the lien plus any interest, costs, attorneys’ fees or other charges that could accrue as a result of foreclosure or sale of the Collateral. In any contest Borrower shall defend itself and Lender and shall satisfy any final adverse judgment before enforcement against the Collateral. Borrower shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Borrower further agrees to furnish Lender with evidence that such taxes, assessments, and governmental and other charges have been paid in full and in a timely manner. Borrower may withhold any such payment or may elect to contest any lien if Borrower is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender’s interest in the Collateral is not jeopardized in Lender’s sole opinion.

Appears in 1 contract

Samples: Loan and Security Agreement (Ourpets Co)

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Taxes, Assessments and Liens. Borrower will pay when due all taxes, assessments and liens, if any, liens upon the Collateral, its use or operation, upon this Agreement, upon any promissory note or notes evidencing the NoteIndebtedness, or upon any of the other Loan Documents, and provide annual proof thereof. Borrower may withhold any such payment or may elect to contest any lien if Borrower is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender’s 's interest in the Collateral is not jeopardized in Lender’s reasonable 's sole opinion. If the Collateral is subjected to a lien which is not discharged within forty-five fifteen (4515) days of the date Borrower receives notice of such liendays, Borrower shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide or for the discharge of the lien plus any interest, costs, attorneys' fees or other charges that could accrue as a result of foreclosure or sale of the Collateral. In any such contest Borrower shall defend itself and Lender and shall satisfy any final adverse judgment before enforcement against the Collateral. Borrower shall name Lender as an additional obligee under any surety surely bond furnished in the contest proceedings.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Dicon Fiberoptics Inc)

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