Common use of Payment of Obligations Clause in Contracts

Payment of Obligations. Pay and discharge, as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).

Appears in 19 contracts

Samples: Credit Agreement (Phillips Edison Grocery Center Reit I, Inc.), Credit Agreement (Phillips Edison Grocery Center Reit I, Inc.), Credit Agreement (Phillips Edison & Company, Inc.)

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Payment of Obligations. Pay and discharge, as the same shall become due and payable (a) payable, all tax liabilitiesits applicable federal, assessments state and local material taxes, assessments, fees and other governmental charges or levies upon it or its properties properties, income or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Borrower.

Appears in 18 contracts

Samples: Credit Agreement (Tennessee Valley Authority), Fall Maturity Credit Agreement (Tennessee Valley Authority), Credit Agreement (Tennessee Valley Authority)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its obligations and liabilities, including all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrowers or any Restricted Subsidiary unless such Subsidiary and (b) all lawful claims whichliabilities, if unpaidindividually or in the aggregate, would by law become could not reasonably be expected to have a Lien upon its property (other than Liens permitted under Section 8.01)Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all tax liabilities, assessments its material obligations and governmental charges or levies upon it or its properties or assetsliabilities which if not paid could reasonably be expected to have a Material Adverse Effect, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Company or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (property; other than the Liens permitted under Section 8.01)7.01.

Appears in 6 contracts

Samples: Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its obligations and liabilities, including all federal, state and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 6 contracts

Samples: Credit Agreement (Piedmont Natural Gas Co Inc), Credit Agreement (Piedmont Natural Gas Co Inc), Credit Agreement (Piedmont Natural Gas Co Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable (a) all federal and material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 5 contracts

Samples: Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its material obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01a Permitted Lien).

Appears in 5 contracts

Samples: Credit Agreement (Portfolio Recovery Associates Inc), Credit Agreement (Portfolio Recovery Associates Inc), Credit Agreement (Pra Group Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its obligations and liabilities, including all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by Holdings or any Restricted Subsidiary unless such liabilities, individually or in the Loan Party or such Subsidiary and (b) all lawful claims whichaggregate, if unpaid, would by law become could not reasonably be expected to have a Lien upon its property (other than Liens permitted under Section 8.01)Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all tax U.S. Federal and all other material Tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Company or such Subsidiary Subsidiary; and (b) all lawful material claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 5 contracts

Samples: Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Company or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 4 contracts

Samples: Credit Agreement (TMX Finance LLC), Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and it; (b) all lawful claims which, if unpaid, would by law Law become a Lien upon its property property; and (other than Liens permitted under Section 8.01)c) all Indebtedness, as and when due and payable.

Appears in 4 contracts

Samples: Margin Loan Agreement (Focus Media Holding LTD), Margin Loan Agreement (Focus Media Holding LTD), Margin Loan Agreement (Focus Media Holding LTD)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all federal, state and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens that is not permitted under Section 8.01)hereby.

Appears in 4 contracts

Samples: Credit Agreement (Hackett Group, Inc.), Credit Agreement (Hackett Group, Inc.), Credit Agreement (Hackett Group, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all of its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and Borrower; (b) all lawful claims which, if unpaid, would by law become a Lien upon its property property; and (other than Liens permitted under Section 8.01)c) all Indebtedness, as and when due and payable.

Appears in 4 contracts

Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Term Loan Agreement (CAI International, Inc.), Credit Agreement (SeaCube Container Leasing Ltd.)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, (a) all its federal and state income and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary Subsidiary, and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01Permitted Liens).

Appears in 4 contracts

Samples: Credit Agreement (Recro Pharma, Inc.), Credit Agreement (Recro Pharma, Inc.), Credit Agreement (Kala Pharmaceuticals, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its material obligations and liabilities, including all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 4 contracts

Samples: Credit Agreement (Fti Consulting Inc), Credit Agreement (United States Lime & Minerals Inc), Credit Agreement (Fti Consulting Inc)

Payment of Obligations. Pay and dischargePay, discharge or otherwise satisfy as the same shall become due and payable (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Material Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon any material portion of its property (other than Liens permitted under Section 8.01)property.

Appears in 3 contracts

Samples: Loan Credit Agreement (Remy International, Inc.), Loan Credit Agreement (Remy International, Inc.), Loan Credit Agreement (Fidelity National Financial, Inc.)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, (a) all national, federal and state income and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan applicable Note Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01Permitted Liens).

Appears in 3 contracts

Samples: Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement (OptiNose, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary each Reliant Retail Obligor; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)that is not a Permitted Lien.

Appears in 3 contracts

Samples: Credit Sleeve and Reimbursement Agreement (Reliant Energy Inc), Credit Sleeve and Reimbursement Agreement (Reliant Energy Inc), Credit Sleeve and Reimbursement Agreement (Reliant Energy Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)that is not a Permitted Lien.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Reliant Energy Inc), Credit and Guaranty Agreement (Reliant Energy Inc), Credit and Guaranty Agreement (Reliant Energy Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) prior to any penalty or interest accruing thereon, all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 3 contracts

Samples: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)

Payment of Obligations. Pay and discharge, as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).. 7.05

Appears in 3 contracts

Samples: Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all tax its material obligations and liabilities, assessments and governmental charges or levies including all lawful material claims which, if unpaid, would by law become a Lien upon it or its properties or assets, Property unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves to the extent required in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 3 contracts

Samples: Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party applicable Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 3 contracts

Samples: Second Lien Loan Agreement (TRM Corp), Credit Agreement (TRM Corp), Loan Agreement (TRM Corp)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, (a) all tax liabilities, assessments its federal and governmental charges or levies state income and other material Taxes upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary Subsidiary, and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01Permitted Liens).

Appears in 3 contracts

Samples: Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 3 contracts

Samples: Credit Agreement (Perini Corp), Credit Agreement (Perini Corp), Credit Agreement (Perini Corp)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).Subsidiary..

Appears in 2 contracts

Samples: Credit Agreement (Susser Petroleum Partners LP), Credit Agreement (Susser Petroleum Partners LP)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its Federal and state tax liabilities and all other material tax liabilities, assessments fees assessments, governmental charges, levies or other material obligations and governmental charges or levies liabilities upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the such Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 2 contracts

Samples: Term Loan Agreement (Gilead Sciences Inc), Credit Agreement (Gilead Sciences Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the applicable Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Restricted Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Ducommun Inc /De/), Credit Agreement (Ducommun Inc /De/)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all of its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and it, (b) all lawful claims which, if unpaid, would by law become a Lien upon its property and (other than Liens permitted under Section 8.01)c) all Indebtedness, as and when due and payable.

Appears in 2 contracts

Samples: Margin Loan Agreement (Montierra Minerals & Production, L.P.), Margin Loan Agreement (Montierra Minerals & Production, L.P.)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Parent or such Subsidiary Restricted Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 2 contracts

Samples: Credit Agreement (Brightpoint Inc), Credit Agreement (Brightpoint Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the such Loan Party or such Subsidiary Party; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 2 contracts

Samples: Credit Agreement (Trustreet Properties Inc), Bridge Credit Agreement (U S Restaurant Properties Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (PureCycle Technologies, Inc.), Credit Agreement (PureCycle Technologies, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all tax its material obligations and liabilities, assessments and governmental charges or levies including all lawful material claims which, if unpaid, would by law become a Lien upon it or its properties or assets, Property unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves to the extent required in accordance with GAAP are being maintained by the Loan Party such Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 2 contracts

Samples: Loan, Guaranty and Security Agreement (Sanmina-Sci Corp), Loan, Guaranty and Security Agreement (Sanmina-Sci Corp)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Holdings or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Infrasource Services Inc), Credit Agreement (Infrasource Services Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its material obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the such Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a material Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Fortress Investment Group LLC), Credit Agreement (Fortress Investment Group LLC)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party US Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon a material portion of its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)that is not a Permitted Lien.

Appears in 2 contracts

Samples: Credit Agreement (LCC International Inc), Credit Agreement (LCC International Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its material obligations and liabilities, including (ai) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party such Note Obligor or such Subsidiary Subsidiary; and (bii) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01a Permitted Lien) upon its property. (d).

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Sonder Holdings Inc.), Warrant Purchase Agreement (Sonder Holdings Inc.)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its material obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 2 contracts

Samples: Term Loan Agreement (Matria Healthcare Inc), Credit Agreement (Matria Healthcare Inc)

Payment of Obligations. Pay and dischargePay, discharge or otherwise satisfy as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrowers or such Subsidiary other Loan Party; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Remy International, Inc.), Credit Agreement (Remy International, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all tax Federal income, state income and other material Tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Company or such Subsidiary Subsidiary; and (b) all lawful material claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its obligations and liabilities, including all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Restricted Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Helix Energy Solutions Group Inc), Assignment and Assumption (Helix Energy Solutions Group Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Williams Energy Partners L P), Credit Agreement (Williams Energy Partners L P)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all tax its material Tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Restricted Subsidiary.

Appears in 2 contracts

Samples: Abl Credit Agreement (U.S. Well Services, Inc.), Abl Credit Agreement (U.S. Well Services, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (giving effect to any available extension), all its material obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 2 contracts

Samples: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless unless, the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary Borrower and its Subsidiaries and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Gevity Hr Inc), Credit Agreement (Gevity Hr Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary any Company, and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Cb Richard Ellis Realty Trust), Credit Agreement (Cb Richard Ellis Realty Trust)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its material obligations and liabilities, including all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assetsProperties, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Restricted Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (CityCenter Holdings, LLC), Credit Agreement (CityCenter Holdings, LLC)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all federal, state and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the such Loan Party or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01any Permitted Lien).

Appears in 2 contracts

Samples: Credit Agreement (Resources Connection Inc), Credit Agreement (Resources Connection Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (property, other than Liens permitted under by Section 8.01).

Appears in 2 contracts

Samples: Credit Agreement (TUTOR PERINI Corp), Credit Agreement (TUTOR PERINI Corp)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (giving effect to any available extension), all its material obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrowers or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 2 contracts

Samples: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (ai) all federal and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets; and (ii) all lawful claims which, if unpaid, would by law become a Lien upon its property, unless in each case the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Spansion Inc.), Revolving Credit Agreement (Spansion Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax Tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party US Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon a material portion of its property (other than Liens permitted under Section 8.01)property.

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

Payment of Obligations. Pay and discharge, discharge as or before the same shall become due and payable payable, all its (ai) all federal and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (bii) all lawful other claims which, and Indebtedness if unpaid, nonpayment thereof would by law become reasonably be expected to have a Lien upon its property (other than Liens permitted under Section 8.01)Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Guess Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its obligations and liabilities, including all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Intersections Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Restricted Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Credit Agreement (JP Energy Partners LP)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).Restricted Subsidiary; and

Appears in 1 contract

Samples: Credit Agreement

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Company or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).Subsidiary

Appears in 1 contract

Samples: Credit Agreement (Grant Prideco Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).. Exhibit 10.1

Appears in 1 contract

Samples: Credit Agreement (Phillips Edison & Company, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all tax liabilitiesits material obligations and liabilities in respect of taxes, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 1 contract

Samples: Term Loan Credit Agreement (INFONXX, Inc.)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Credit Agreement (Medassets Inc)

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Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its material obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrowers or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a material Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Credit Agreement (Fortress Investment Group LLC)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Susser Holdings CORP)

Payment of Obligations. Pay and dischargePay, discharge or otherwise satisfy as the same shall become due and payable (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Holdings, Borrower or such Subsidiary Material Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon any material portion of its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Term B Loan Credit Agreement (Remy International, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary each Reliant Retail Obligor; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)that is not a Permitted Lien.

Appears in 1 contract

Samples: Credit Sleeve and Reimbursement Agreement (NRG Energy, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party GGC or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (property, other than Liens permitted under Section 8.01)Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Georgia Gulf Corp /De/)

Payment of Obligations. Pay and discharge, as or cause to be paid and discharged, before the same shall become due overdue, all its obligations and payable liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the such Loan Party or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien.

Appears in 1 contract

Samples: Credit Agreement (TPG RE Finance Trust, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its obligations and liabilities, including all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party B&N or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Barnes & Noble Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its material obligations and liabilities, including: (ai) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and maintained; (bii) all lawful claims which, if unpaid, would by law become a Lien upon its property the Collateral; and (other than Liens permitted under Section 8.01)iii) all material Indebtedness, as and when due and payable.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Coach Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Credit Agreement (LEE ENTERPRISES, Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its material obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all material lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)subject to contest.

Appears in 1 contract

Samples: Credit Agreement (Serologicals Corp)

Payment of Obligations. Pay and discharge, as the same shall become due and payable (a) payable, all tax liabilitiesits applicable federal, assessments state and local material taxes, assessments, fees and other governmental charges or levies upon it or its properties properties, income or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and Borrower.(b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).

Appears in 1 contract

Samples: Credit Agreement (Tennessee Valley Authority)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary each Sleeve Obligor; and (b) all lawful claims which, if unpaid, would by law become could reasonably be expected to result in a Lien upon its property (other than Liens permitted under Section 8.01)Material Adverse Effect.

Appears in 1 contract

Samples: Credit Sleeve and Reimbursement Agreement (NRG Energy, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable all its material obligations and liabilities, including (a) all tax material Tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful material claims which, if unpaid, would by law become a Lien upon any of its property (other than Liens a Lien that is permitted under by Section 8.017.01).

Appears in 1 contract

Samples: Credit Agreement (Diamond Foods Inc)

Payment of Obligations. Pay and discharge, discharge as or before the same shall become due and payable payable, all its (ai) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Domestic Borrower or such Subsidiary and (bii) all lawful other claims which, and Indebtedness if unpaid, nonpayment thereof would by law become reasonably be expected to have a Lien upon its property (other than Liens permitted under Section 8.01)Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Guess Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless unless, the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary Borrower and its Subsidiaries and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01Permitted Liens).

Appears in 1 contract

Samples: Credit Agreement (Turbochef Technologies Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all tax liabilitiesits federal, assessments state, and governmental charges or levies other material Taxes imposed upon it or its properties or assetsassets (including in its capacity as withholding agent), unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Gentiva Health Services Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)that would not be a Permitted Lien.

Appears in 1 contract

Samples: Revolving Credit Agreement (Commvault Systems Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary Borrower; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 1 contract

Samples: Bridge Credit Agreement (U S Restaurant Properties Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with Exhibit A to First Amendment GAAP are being maintained by the Loan Party or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).

Appears in 1 contract

Samples: Credit Agreement (Phillips Edison & Company, Inc.)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Credit Agreement (Wright Medical Group Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable (asubject to any applicable grace periods) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assetsassets and all material lawful claims which, if unpaid, would by law become a Lien upon its property, unless (in each case) the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves reserves, if any, in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Danaher Corp /De/)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its material obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 1 contract

Samples: Credit Agreement (Evolution Petroleum Corp)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assetsassets and all lawful claims which, if unpaid, would by law become a Lien upon its property unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrowers or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).and

Appears in 1 contract

Samples: Credit Agreement (Movado Group Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Company or such Subsidiary and Subsidiary; (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).Law

Appears in 1 contract

Samples: Execution Version Credit Agreement (Columbus McKinnon Corp)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all tax liabilitiesits material obligations and liabilities in respect of taxes, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrowers or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (INFONXX, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP GAAP, to the extent required, are being maintained by the Loan Party Borrower or such Subsidiary Subsidiary; and (b) all lawful material claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01that are not Permitted Liens).

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Parent or such Subsidiary Restricted Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01).a Permitted Lien) upon its property. 103

Appears in 1 contract

Samples: Credit Agreement (Brightpoint Inc)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, (a) all federal and state income and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary and (b) all material lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Credit Agreement (Boingo Wireless Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Parent or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)the applicable Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Dade Behring Holdings Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its material obligations and liabilities, including (ai) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party such Note Obligor or such Subsidiary Subsidiary; and (bii) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Gores Metropoulos II, Inc.)

Payment of Obligations. Pay and discharge, as the same shall become due all its obligations and payable liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, as the same shall become due and payable, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims whichIndebtedness, if unpaidas and when due and payable, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)but subject to any subordination provisions contained in any instrument or agreement evidencing such Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Triquint Semiconductor Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrowers or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Credit Agreement (InfuSystem Holdings, Inc)

Payment of Obligations. Pay and dischargePay, discharge or otherwise satisfy as the same shall become due and payable payable, all their obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies taxes levied upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary any of its Subsidiaries; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Advance Facility Agreement

Payment of Obligations. Pay and discharge, as the same shall become due and payable (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary Subsidiary; and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property.

Appears in 1 contract

Samples: Credit Agreement (ExamWorks Group, Inc.)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, (a) all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)that would not constitute a Permitted Lien.

Appears in 1 contract

Samples: Credit Agreement (Ferrellgas Finance Corp)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all its material obligations and liabilities, including all federal, state and other material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Borrower or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Piedmont Natural Gas Co Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable payable, all its obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party or such Subsidiary assets and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)property, unless any of the foregoing are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves in accordance with GAAP are being maintained by the Borrower or such Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Sonic Corp)

Payment of Obligations. Pay and discharge, as the same shall become due and payable payable, all its material obligations and liabilities, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Company or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)a Permitted Lien) upon its property.

Appears in 1 contract

Samples: Credit Agreement (Flir Systems Inc)

Payment of Obligations. Pay and discharge, discharge as the same shall become due and payable (a) payable, all material tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the Loan Party Company or such Subsidiary and (b) all lawful claims which, if unpaid, would by law become a Lien upon its property (other than Liens permitted under Section 8.01)with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Koch Industries Inc)

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