Common use of Discharge of Taxes, Borrower’s Obligations, Etc Clause in Contracts

Discharge of Taxes, Borrower’s Obligations, Etc. Agent, in its sole discretion, shall have the right at any time, and from time to time, if Borrower fails to timely perform, to: (a) pay for the performance of any of Borrower's Obligations hereunder, and (b) discharge taxes or Liens, at any time levied or placed on any of Borrower's Property in violation of this Agreement unless such entity is in good faith with due diligence by appropriate proceedings contesting such taxes or Liens and maintaining proper reserves therefor in accordance with GAAP. Expenses and advances shall be added to the Revolving Credit, bear interest at the same rate applied to the Revolving Credit, until reimbursed to Agent. Such payments and advances made by Agent shall not be construed as a waiver by Agent or Lenders of an Event of Default under this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (RCM Technologies Inc), Loan and Security Agreement (Ecc International Corp)

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Discharge of Taxes, Borrower’s Obligations, Etc. Agent, in its sole discretion, shall have the right at any time, and from time to time, if Borrower fails to timely perform, to: (a) pay for the performance of any of Borrower's ’s Obligations hereunder, and (b) discharge taxes or Liens, at any time levied or placed on any of Borrower's ’s Property in violation of this Agreement unless such entity is in good faith with due diligence by appropriate proceedings contesting such taxes or Liens and maintaining proper reserves therefor therefore in accordance with GAAP. Expenses and advances shall be added to the Revolving Credit, bear interest at the same highest rate applied to the Revolving Credit, until reimbursed to Agent. Such payments and advances made by Agent shall not be construed as a waiver by Agent or Lenders of an Event of Default under this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Alesco Financial Inc), Loan and Security Agreement (Alesco Financial Inc)

Discharge of Taxes, Borrower’s Obligations, Etc. Agent, in its sole discretion, shall have the right at any time, and from time to time, if Borrower fails to timely perform, to: (a) pay for the performance of any of Borrower's ’s Obligations hereunder, and (b) discharge taxes or Liens, at any time levied or placed on any of Borrower's ’s Property in violation of this Agreement unless such entity is in good faith with due diligence by appropriate proceedings contesting such taxes or Liens and maintaining proper reserves therefor therefore in accordance with GAAP. Expenses and advances shall be added to the Revolving Credit, bear interest at the same highest rate applied to the Revolving Credit, Loans until reimbursed to Agent. Such payments and advances made by Agent shall not be construed as a waiver by Agent or Lenders of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (COHEN & Co INC.)

Discharge of Taxes, Borrower’s Obligations, Etc. Agent, in its sole discretion, shall have the right at any time, and from time to time, if Borrower fails to timely perform, to: (a) pay for the performance of any of Borrower's Obligations hereunder, and (b) discharge taxes or Liens, at any time levied or placed on any of Borrower's Property in violation of this Agreement unless such entity is in good faith with due diligence by appropriate proceedings contesting such taxes or Liens and maintaining proper reserves therefor therefore in accordance with GAAP. Expenses and advances shall be added to the Revolving Credit, bear interest at the same rate applied to the Revolving Credit, until reimbursed to Agent. Such payments and advances made by Agent shall not be construed as a waiver by Agent or Lenders of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Resource America Inc)

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Discharge of Taxes, Borrower’s Obligations, Etc. Agent, in its sole discretion, shall have the right at any time, and from time to time, if Borrower fails to timely perform, to: (a) pay for the performance of any of Borrower's ’s Obligations hereunder, and (b) discharge taxes or Liens, at any time levied or placed on any of Borrower's ’s Property in violation of this Agreement unless such entity is in good faith with due diligence by appropriate proceedings contesting such taxes or Liens and maintaining proper reserves therefor therefore in accordance with GAAP. Expenses and advances shall be added to the Revolving Credit, bear interest at the same rate applied to the Revolving Credit, until reimbursed to Agent. Such payments and advances made by Agent shall not be construed as a waiver by Agent or Lenders of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Resource America, Inc.)

Discharge of Taxes, Borrower’s Obligations, Etc. Agent, in its sole discretion, shall have the right at any time, and from time to time, if Borrower fails to timely performperform in accordance with this Agreement, to: (a) pay for the performance of any of Borrower's Obligations hereunder, and (b) discharge taxes or Liens, at any time levied or placed on any of Borrower's Property in violation of this Agreement unless such entity is in good faith with due diligence by appropriate proceedings contesting such taxes or Liens and maintaining proper reserves therefor therefore in accordance with GAAP. Expenses and advances shall be added to the Revolving Credit, bear interest at the same rate applied to the Revolving Credit, until reimbursed to Agent. Such payments and advances made by Agent shall not be construed as a waiver by Agent or Lenders of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Resource America Inc)

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