Common use of Payment of Charges Clause in Contracts

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past due, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations and employer obligations to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, in the case of clauses (ii) and (iii), where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000.

Appears in 7 contracts

Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)

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Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$200,000.

Appears in 2 contracts

Samples: Credit Agreement (Insteel Industries Inc), Credit Agreement (Insteel Industries Inc)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$1,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Insteel Industries Inc), Credit Agreement (Insteel Industries Inc)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$$250,000.

Appears in 2 contracts

Samples: Credit Agreement (Omni Energy Services Corp), Credit Agreement (Omni Energy Services Corp)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party Sotheby Entity shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, exceptin each case, in the case of clauses (ii) and (iii), except where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$5,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party Sotheby Entity shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, exceptin each case, in the case of clauses (ii) and (iii), except where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$2,500,000.

Appears in 2 contracts

Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys)

Payment of Charges. (a) 1. Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past due, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations and employer obligations to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, in the case of clauses (ii) and (iii), where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000175,000.

Appears in 1 contract

Samples: Credit Agreement (Rand Acquisition CORP)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party Sotheby Entity shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$200,000.

Appears in 1 contract

Samples: Credit Agreement (Sothebys Holdings Inc)

Payment of Charges. (a) Subject to Section SECTION 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, except, except in the case of clauses CLAUSES (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$200,000.

Appears in 1 contract

Samples: Credit Agreement (Omni Energy Services Corp)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$750,000.

Appears in 1 contract

Samples: Credit Agreement (Perfumania Holdings, Inc.)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its material property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would Charges, individually or in the aggregate, could not result in aggregate liabilities in excess of US$250,000reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Brindlee Mountain Telephone Co)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$$250,000.

Appears in 1 contract

Samples: Credit Agreement (Comverge, Inc.)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past due, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations and employer obligations to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, in the case of clauses (ii) and (iii), where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000175,000.

Appears in 1 contract

Samples: Credit Agreement (Rand Logistics, Inc.)

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Payment of Charges. (a) Subject to Section 5.2(b6.2(b), each Credit Consolidated Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past due, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations and employer obligations to its employees, (ii) lawful claims for laborlabour, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$200,000.

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors Inc)

Payment of Charges. (a) Subject to Section 5.2(bSECTION 5.2(B), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed), (ii) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (iiiii) lawful claims for labor, materials, supplies and services or otherwise, and (iiiiv) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, except in the case of clauses CLAUSES (iiI), (III) and (iii), IV) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$300,000.

Appears in 1 contract

Samples: Credit Agreement (Ddi Corp)

Payment of Charges. (av) Subject to Section 5.2(b), each Credit Party Sotheby Entity shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, exceptin each case, in the case of clauses (ii) and (iii), except where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$2,500,000.

Appears in 1 contract

Samples: Credit Agreement (Sothebys)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Finlay Fine Jewelry Corp)

Payment of Charges. (a) Subject to Section 5.2(b6.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Coffeyville Resources, Inc.)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and baileesor bailees in possession of any Collateral, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$5,000,000.

Appears in 1 contract

Samples: Credit Agreement (Gateway Inc)

Payment of Charges. (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed), (ii) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (iiiii) lawful claims for labor, materials, supplies and services or otherwise, and (iiiiv) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (iii), (iii) and (iii), iv) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$300,000.

Appears in 1 contract

Samples: Credit Agreement (Ddi Corp)

Payment of Charges. (a) Subject to Section 5.2(b5.02(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it before any thereof shall become past dueit, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to employee source deduction obligations tax, social security and employer obligations unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and or bailees, in each case, before any thereof shall become past due, except, except in the case of clauses (ii) and (iii), ) where the failure to pay or discharge such Charges would not result in aggregate liabilities in excess of US$250,000$200,000.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Thermadyne Holdings Corp /De)

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