Common use of Impositions and Other Claims Clause in Contracts

Impositions and Other Claims. Each Borrower shall pay and discharge, or cause to be paid and discharged, all taxes, assessments and governmental charges levied upon it, its income and its assets and the Properties prior to delinquency, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the Mortgages, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Except to the extent that Lender is reserving for and paying Taxes pursuant to Section 3.4, Borrower shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Collateral or the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the MortgagesMortgage, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might would be unlawful to require Borrower to make such payment or the making of such payment might would result in the imposition of interest beyond the maximum amount permitted by applicable Lawlaw, Lender may elect to declare all of the Indebtedness to be due and payable 90 180 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Subject to Section 9.30, Borrower and Approved Music Venue Manager, as applicable, shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower and Approved Music Venue Manager shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties or any of the Mortgages Security Instrument is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by BorrowerBorrower or Approved Music Venue Manager, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the MortgagesSecurity Instrument, the Indebtedness or Lender, then BorrowerBorrower or Approved Music Venue Manager, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender, provided, such amounts shall be calculated in a uniform manner similar to those imposed by similarly situated commercial lenders. If Following any such demand but in any event subject to Section 9.30, Borrower or Approved Music Venue Manager shall have the opinion right, upon 180 days advance written notice to Lender, to repay the Indebtedness in full (but not in part) without the payment of Lender’s counsel any prepayment premium or prepayment fee, based on the Yield Maintenance Premium or otherwise. In addition but in any event subject to Section 9.30, if it might be is determined in a commercially manner that it is unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Lawlaw, Lender may elect to declare all of the Indebtedness to be due and payable 90 180 days from the giving of written notice by Lender to Borrower, provided, in conjunction such prepayment, Borrower shall not be obligated to pay a prepayment fee or penalty, based on the Yield Maintenance Premium or otherwise.

Impositions and Other Claims. Each Borrower shall pay and discharge, or cause to be paid and discharged, all taxes, assessments and governmental charges levied upon it, its income and its assets and the Properties prior to delinquency, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the Mortgages, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Borrower shall pay and discharge, (or cause to be paid paid) and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall file ; provided, however, that Borrower’s obligation to directly pay (or cause to be filed paid) taxes shall be suspended for so long as Borrower complies (or causes the compliance) with the terms and provisions of Section 3.4 of this Agreement. Borrower shall file all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Mortgaged Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the Mortgages, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might would be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Lawpayment, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Borrower shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted EncumbrancesEncumbrances (whether or not there is an applicable Lien). Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any the Property or the Deed of the Mortgage Loan Collateral Properties or any of the Mortgages Trust is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, thereon or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by in this Agreement to be paid by Borrower, Borrower or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any the Deed of the MortgagesTrust, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s 's counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable (without any premium or penalty) 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Subject to Section 3.4, Borrower shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the Mortgages, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might be is unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable LawLegal Requirements, as determined by Lender’s counsel, Lender may elect to declare all of the Indebtedness to be due and payable 90 prepaid in an amount equal to the Release Price(s) for the Property or Properties giving rise to an such payment within 120 days from the giving of written notice by Lender to Borrower, provided that, if any such payment would be rendered lawful by a lesser prepayment of the Indebtedness by Borrower, the Indebtedness may be so accelerated by Lender only to the extent of such lesser partial prepayment. Any prepayment of the Indebtedness or any portion thereof by Borrower in accordance with the foregoing sentence may be made by Borrower without payment of any Prepayment Fee. After prior written notice to Lender, Borrower, at Borrower’s own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any taxes, assessments and/or governmental charges, provided that (i) no Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost as a result of such contest, (ii) such contest shall suspend the collection of such contested taxes, assessments and/or governmental charges from the applicable Property and (iii) such contest could not reasonably be expected to otherwise result in a Property Material Adverse Effect.

Impositions and Other Claims. Each Borrower shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets and the Properties prior to delinquencythe time when such taxes, assessments and charges become delinquent, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances; provided, however, that Borrower’s obligation to directly pay taxes shall be suspended for so long as Borrower complies with the terms and provisions of Section 3.4 of this Agreement. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Properties or the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the MortgagesMortgage, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each RKB Borrower shall cause Presidents Borrower to, and Presidents Borrower shall, pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each RKB Borrower shall cause Presidents Borrower to, and Presidents Borrower shall, file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Properties or the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, thereon or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, Borrower or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the MortgagesMortgage, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Borrower shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties when prior to delinquency, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall, and shall cause Master Tenant to, file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the Mortgages, or the Indebtedness or LenderIndebtedness, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender, subject to the right of Borrower to contest such taxes. If Following any such demand, Borrower shall have the right, upon 30 days’ advance written notice to Lender, to repay the Indebtedness in full (but not in part) without the payment of any prepayment premium or prepayment fee. In addition, if in the opinion of Lender’s counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Lawlaw, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Borrower shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets and the Properties prior to delinquencythe time when such taxes, assessments and charges become delinquent, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances; provided, however, that Borrower’s obligation to directly pay taxes shall be suspended for so long as Borrower complies with the terms and provisions of Section 3.4 of this Agreement. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Properties or the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the MortgagesMortgage, the Indebtedness or Lender, then Borrower, upon demand by LenderAdministrative Agent, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Borrower The Obligors shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower The Obligors shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries they are required by law to file. If In the event of the enactment after this date of any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties Property or any of the Mortgages is enacted that deducts Mortgage deducting from the value of property for the purpose of taxation any Lien lien or security interest thereon, or imposes imposing upon Lender the payment of the whole or any portion of the taxes or taxes, assessments or charges or Liens liens herein required by this Agreement to be paid by Borrowerany Obligor, or changes changing in any way the laws or regulations relating to the taxation of deeds of trust or mortgages or security agreements or debts secured by deeds of trust or mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the MortgagesMortgage, the Indebtedness or Lender, then Borrowerthe Obligors, upon demand by Lender, shall pay such taxes, assessments, charges or Liensliens, or reimburse Lender for any amounts paid by Lender. If ; provided that if in the opinion of Lender’s 's counsel it might be unlawful to require Borrower the Obligors to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 180 days from the giving of written notice by Lender to Borrowerthe Obligors (without prepayment premium, fee or Release Price).

Impositions and Other Claims. Each Borrower shall, and shall cause each Senior Mezzanine Borrower to, pay and discharge, or cause to be paid and discharged, all taxes, assessments and governmental charges levied upon it, its income and its assets and the Properties prior to delinquency, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall, and shall cause each Senior Mezzanine Borrower to, file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties Properties, the Collateral, the Pledge or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the Mortgages, the Pledge Agreement, the Collateral, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay pay, or cause to be paid, such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Borrower shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets and no later than the Properties prior to delinquencylast day the same may be paid without interest or penalties, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If In the event of the enactment after this date of any law or regulation applicable to Lender, any Note, any of the Property or the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts deducting from the value of property for the purpose of taxation any Lien lien or security interest thereon, or imposes imposing upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens liens herein required by this Agreement to be paid by Borrower, or changes changing in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered therebythereby (other than changes in taxes in the nature of income or franchise taxes), or the manner of collection of such taxes, so as to affect any of the MortgagesMortgage, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liensliens, or reimburse Lender for any amounts paid by Lender. If ; provided that if in the opinion of Lender’s 's counsel it might be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Law, Lender may elect to declare all of the Indebtedness to be due and payable 90 120 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Borrower shall, and shall cause Property Owner and each TRS Lessee to, pay and discharge, (or cause to be paid paid) and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Mortgage Loan Permitted Encumbrances. Each Borrower shall file ; provided, however, that Borrower’s obligation to directly pay (or cause caused to be filed paid) taxes shall be suspended for so long as Borrower complies (or causes the compliance) with the terms and provisions of Section 3.4 of the Mortgage Loan Agreement. Borrower shall, and shall cause Property Owner, Property Owner GP and TRS Lessee to, file all federal, state and local tax returns and other reports that it or its subsidiaries are is respectively required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties or any of the Mortgages Pledge Agreement is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be (or caused to be) paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the MortgagesPledge Agreement, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might would be unlawful to require Borrower to make such payment or the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable Lawpayment, Lender may elect to declare all of the Indebtedness to be due and payable 90 days from the giving of written notice by Lender to Borrower.

Impositions and Other Claims. Each Except to the extent that Lender is reserving for and paying Taxes pursuant to Section 3.4, Borrower shall pay and discharge, or cause to be paid and discharged, discharge all taxes, assessments and governmental charges levied upon it, its income and its assets as and the Properties prior to delinquencywhen such taxes, assessments and charges are due and payable, as well as all lawful claims for labor, materials and supplies or otherwise, subject to any rights to contest contained in the definition of Permitted Encumbrances. Each Borrower shall file or cause to be filed all federal, state and local tax returns and other reports that it or its subsidiaries are is required by law to file. If any law or regulation applicable to Lender, any Note, any of the Mortgage Loan Collateral Properties or any of the Mortgages is enacted that deducts from the value of property for the purpose of taxation any Lien thereon, or imposes upon Lender the payment of the whole or any portion of the taxes or assessments or charges or Liens required by this Agreement to be paid by Borrower, or changes in any way the laws or regulations relating to the taxation of mortgages or security agreements or debts secured by mortgages or security agreements or the interest of the mortgagee or secured party in the property covered thereby, or the manner of collection of such taxes, so as to affect any of the Mortgages, the Indebtedness or Lender, then Borrower, upon demand by Lender, shall pay such taxes, assessments, charges or Liens, or reimburse Lender for any amounts paid by Lender. If in the opinion of Lender’s counsel it might would be unlawful to require Borrower to make such payment or the making of such payment might would result in the imposition of interest beyond the maximum amount permitted by applicable Lawlaw, Lender may elect to declare all of the Indebtedness to be due and payable 90 180 days from the giving of written notice by Lender to Borrower.