Common use of Payment of Taxes and Claims, Etc Clause in Contracts

Payment of Taxes and Claims, Etc. Pay (i) all taxes, assessments and governmental charges imposed upon it or upon its property (other than the Mortgaged Property), unless the failure to so pay would not constitute or result in a Material Adverse Change, (ii) subject to the provisions of Section 5.5 hereof and subparagraph (iii) of this Section, all taxes, assessments and governmental charges imposed upon the Mortgaged Properties, and all claims (including, without limitation, claims for labor, materials, supplies, or services) which might, if unpaid, become a Lien upon the Mortgaged Properties or any of them unless, in each case, the validity or amount thereof is being contested in good faith by appropriate proceedings and the Borrower has maintained adequate reserves with respect thereto, and (iii) all taxes, assessments and governmental charges imposed upon the Mortgaged Properties which would, if unpaid, become a Lien senior in priority to the Lien of any of the Mortgages within ten (10) days after Borrower's notice of such Lien (unless the taxes, assessments or governmental charges to which such Lien relates are being contested in good faith by appropriate proceedings which have the effect of staying enforcement or execution of such Lien and with respect to which adequate reserves in conformity with GAAP have been provided on the books of Borrower).

Appears in 2 contracts

Samples: Credit Agreement (Homestead Village Inc), Credit Agreement (Homestead Village Inc)

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Payment of Taxes and Claims, Etc. Pay (i) all taxes, assessments and governmental charges imposed upon it or upon its property (other than the Mortgaged Property), unless the failure to so pay would not constitute or result in a Material Adverse Change, (ii) subject to the provisions of Section 5.5 hereof and subparagraph (iii) of this Section, all taxes, assessments and governmental charges imposed upon the Mortgaged Properties, and all claims (including, without limitation, claims for labor, materials, supplies, or services) which might, if unpaid, become a Lien upon the Mortgaged Properties or any of them unless, in each case, the validity or amount thereof is being contested in good faith by appropriate proceedings and the Borrower has maintained adequate reserves with respect thereto, and (iii) all taxes, assessments and governmental charges imposed upon the Mortgaged Properties which would, if unpaid, become a Lien senior in priority to the Lien of any of the Mortgages within ten (10) 10 days after Borrower's notice of such Lien (unless the taxes, assessments or governmental charges to which such Lien relates are being contested in good faith by appropriate proceedings which have the effect of staying enforcement or execution of such Lien and with respect to which adequate reserves in conformity with GAAP have been provided on the books of Borrower).

Appears in 2 contracts

Samples: Credit Agreement (Homestead Village Inc), Credit Agreement (Homestead Village Inc)

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Payment of Taxes and Claims, Etc. Pay (i) all taxes, assessments and governmental charges imposed upon it or upon its property (other than the Mortgaged PropertyProperties), unless the failure to so pay would not constitute or result in a Material Adverse Change, (ii) subject to the provisions of Section 5.5 hereof and subparagraph (iii) of this SectionSection 5.1(d), all taxes, assessments and governmental charges imposed upon the Mortgaged Properties, and all claims (including, without limitation, claims for labor, materials, supplies, or services) which might, if unpaid, become a Lien upon the Mortgaged Properties or any of them unless, in each case, the validity or amount thereof is being contested in good faith by appropriate proceedings and the Borrower has maintained adequate reserves with respect thereto, and (iii) all taxes, assessments and governmental charges imposed upon the Mortgaged Properties which would, if unpaid, become a Lien senior in priority to the Lien of any of the Mortgages within ten (10) days after Borrower's notice of such Lien (unless the taxes, assessments or governmental charges to which such Lien relates are being contested in good faith by appropriate proceedings which have the effect of staying enforcement or execution of such Lien and with respect to which adequate reserves in conformity with GAAP have been provided on the books of Borrower).

Appears in 1 contract

Samples: Credit Agreement (Homestead Village Inc)

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