Common use of Payment of Taxes and Other Claims Clause in Contracts

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 8 contracts

Samples: Indenture (AMC Networks Inc.), Indenture (Cablevision Systems Corp /Ny), Indenture (Voom HD Holdings LLC)

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Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 6 contracts

Samples: Indenture (Eagle Food Centers Inc), Indenture (Emergent Group Inc), Indenture (Staples Inc)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary, and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 6 contracts

Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Nationwide Financial Services Inc/), 8 Indenture (Hartford Life Inc)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Restricted Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiaries, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any of its Restricted SubsidiarySubsidiaries; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate negotiations or proceedings.

Appears in 6 contracts

Samples: Indenture (Sanmina Corp), Indenture (Sanmina-Sci Corp), Indenture (Sanmina-Sci Corp)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property any Principal Property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 6 contracts

Samples: Indenture (BSC Capital Trust Iii), Indenture (Boston Scientific Corp), Indenture (BSC Capital Trust Iii)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary and (bii) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien material liability or lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which appropriate reserves, if necessary (in the good faith judgment of management of the Company) are being maintained in accordance with GAAP.

Appears in 5 contracts

Samples: Indenture (Rent a Center Inc De), Colortyme Inc, Smithfield Foods Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, that neither the Company nor any of its Subsidiaries shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 5 contracts

Samples: Indenture (Bowater Inc), Senior Indenture (Bowater Inc), Bowater Inc

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 5 contracts

Samples: Indenture (Qwest Communications International Inc), Qwest Communications International Inc, Qwest Communications International Inc

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, assessment or charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings or where the failure to effect such payment is not disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: Intercreditor Agreement (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp), Chesapeake Energy Marketing Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 5 contracts

Samples: Indenture (Entertainment Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property Property of the Company or any of its Subsidiaries and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property Property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, provided that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate reserves in accordance with GAAP or other appropriate provision has been made.

Appears in 4 contracts

Samples: Indenture (Galey & Lord Inc), Paragon Trade Brands Inc, Paragon Trade Brands Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (bii) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, provided that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith faith, and, if necessary, by appropriate proceedings.

Appears in 4 contracts

Samples: Indenture (Environmental Procedures Inc), Indenture (Pure Resources Inc), Indenture (Fiber Glass Systems Lp)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or the income, profits or property of any of its Subsidiaries Subsidiary, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or the property of any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (Intercontinental Exchange, Inc.), Indenture (Intercontinental Exchange, Inc.), Indenture (Intercontinental Exchange, Inc.)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property Property or assets of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, provided that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate reserves in accordance with GAAP or other appropriate provision has been made.

Appears in 3 contracts

Samples: Supplemental Indenture (Grey Wolf Inc), Supplemental Indenture (Grey Wolf Inc), Di Industries Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of its Subsidiaries the Company and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted SubsidiarySubsidiary of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc), Tembec Industries Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: St Charles Gaming Co Inc, Indenture (Cd Radio Inc), Grand Palais Riverboat Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary the Company or upon the income, profits or property of the Company or any of its Subsidiaries Company, and (bii) all material lawful claims against the Company for labor, materials and supplies, whichwhich in the case of either clause (i) or (ii) of this Section 4.06, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiarya property; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Note (Reynolds American Inc), British American Tobacco p.l.c., British American Tobacco p.l.c.

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Execution Copy (Burke Flooring Products Inc), Burke Industries Inc /Ca/, Burke Industries Inc /Ca/

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien (other than a Permitted Lien) upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (World Access Inc /New/), Indenture (World Access Inc /New/), Facilicom International Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (al) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Significant Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Significant Subsidiary, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Significant Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (General Growth Properties, Inc.), Indenture (Rouse Co LP), Indenture (General Growth Properties Inc)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property Property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might could by law become a Lien upon the property Property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which appropriate provision has been made in accordance with GAAP.

Appears in 3 contracts

Samples: Pogo Producing Co, Pogo Producing Co, Pogo Producing Co

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted SubsidiarySubsidiary of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedingsproceedings and for which adequate provision has been made or where the failure to effect such payment or discharge is not adverse in any material respect to the Company.

Appears in 3 contracts

Samples: Telegroup Inc, Interface Inc, Telegroup Inc

Payment of Taxes and Other Claims. The Company shall Holdings will pay or discharge or cause to be paid or discharged, before the same shall become delinquentdelinquent and in accordance with applicable provisions of the Security Documents, (a) all material taxes, assessments and governmental charges levied or imposed upon it Holdings or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company Holdings or any of its Subsidiaries such Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted SubsidiaryCollateral; provided, however, that the Company Holdings shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Lease Agreement (Gb Property Funding Corp), Gb Property Funding Corp, Gb Property Funding Corp

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: CSC Holdings Inc, CSC Parent Corp, CSC Holdings Inc

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, provided that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate reserves in accordance with GAAP or other appropriate provision has been made.

Appears in 3 contracts

Samples: Indenture (Hs Resources Inc), Hs Resources Inc, Hs Resources Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (bii) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, provided that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith faith, and by appropriate proceedings.

Appears in 2 contracts

Samples: Supplemental Indenture (R&b Falcon Corp), R&b Falcon Corp

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, -------- however, that the Company shall not be required to pay or discharge or cause to ------- be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges Taxes levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (bii) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law Law become a Lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim Tax whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Appaloosa Management Lp), Convertible Note Purchase Agreement (Bio Plexus Inc)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, provided that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Copano Energy, L.L.C.), Pacific Energy Group LLC

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of its Subsidiaries the Company, and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted SubsidiarySubsidiary of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Viacom International Inc /De/), Viacom Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge discharge, or cause to be paid or discharged, before the same shall become becomes delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries and (b2) all lawful material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted SubsidiarySubsidiary of the Company; provided, however, that the Company -------- ------- shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose the amount, applicability or validity of which is being timely contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (BDK Holdings Inc), BDK Holdings Inc

Payment of Taxes and Other Claims. The Company shall Trust or the Corporation, as the case may be, will pay or discharge discharge, or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it such Company or any Subsidiary or upon the income, profits or property of the such Company or any of its Subsidiaries Subsidiary, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien material lien upon the property of the such Company or any Restricted Subsidiary; provided, however, that the such Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Starwood Lodging Trust, Starwood Lodging Corp

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property Property of the Company or any of its Subsidiaries Restricted Subsidiary, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property any Property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Suncor Energy Inc, Suncor Energy Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary of the Subsidiaries, or upon the income, profits or property of the Company or any of its Subsidiaries the Subsidiaries, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiaryof the Subsidiaries; provided, howeverPROVIDED, that none of the Company or any of the Subsidiaries shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: New Nisource Inc, New Nisource Inc

Payment of Taxes and Other Claims. The Company shall will cause its Subsidiaries to pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary its Subsidiaries, or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiaryits Subsidiaries; provided, however, that the Company or its Subsidiaries shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings. Section 8.05.

Appears in 2 contracts

Samples: Mca Financial Corp /Mi/, Mca Financial Corp /Mi/

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, provided that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Superior National Insurance Group Inc, Symons International Group Inc

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property Property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien upon the property Property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which appropriate provision has been made in accordance with GAAP.

Appears in 2 contracts

Samples: Xto Energy Inc, Xto Energy Inc

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Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary, and (bii) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (McCormick & Co Inc), McCormick & Co Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary Subsidiaries of the Company or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted SubsidiarySubsidiaries of the Company; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Nextlink Communications LLC, Nextlink Communications Inc / De

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges Taxes levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (bii) all material lawful claims for labor, materials and supplies, whichsupplies that, if unpaid, might by law Law become a Lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose Tax amount, applicability or validity of which is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Appaloosa Management Lp), Convertible Note Purchase Agreement (Bio Plexus Inc)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxesTaxes, assessments and governmental charges levied or imposed upon it or any the Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries the Subsidiary, and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiarythe Subsidiary and have a Material Adverse Effect; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such taxTax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wilson Holdings, Inc.)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Ameristeel Corp

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Payment of Taxes and Other Claims. The Indenture provides that the Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquentdelinquent and in accordance with the applicable provisions of the Collateral Documents, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary and (b2) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: First Supplemental Indenture (Isle of Capri Casinos Inc)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Baytex Energy LTD)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Fleming Companies Inc /Ok/

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Pathnet Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted SubsidiarySubsidiary unless such lien would not have a material adverse effect upon such property; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings or (ii) for which the Company has set apart and maintains an adequate reserve.

Appears in 1 contract

Samples: New Plan Realty Trust

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary, and (b) all lawful material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the 50 Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which a reserve is being maintained in accordance with GAAP.

Appears in 1 contract

Samples: Supplemental Indenture (Avaya Inc)

Payment of Taxes and Other Claims. The Company shall Corporation will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Corporation or any Subsidiary of the Corporation or upon the income, profits or property of the Company Corporation or any Subsidiary of its Subsidiaries the Corporation, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the any property of the Company Corporation or any Restricted SubsidiarySubsidiary of the Corporation; provided, however, that the Company Corporation shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Agrium Inc)

Payment of Taxes and Other Claims. The Company shall pay --------------------------------- or discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges levied or imposed upon it on the Company or any Subsidiary or upon on the income, profits or property of the Company or any of its Subsidiaries Subsidiary, and (bii) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon lien on the property of the Company or any Restricted Subsidiary; provided, however, that the Company -------- ------- shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Homestead Village Inc

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary and (b) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien material lien upon the property of the Company or any Restricted Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Inter Act Systems Inc)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Significant Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Significant Subsidiary, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property any Principal Property of the Company or any Restricted Significant Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Borg Warner Automotive Inc)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Significant Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Significant Subsidiary and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property any Principal Property of the Company or any Restricted Significant Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Borg Warner Automotive Inc

Payment of Taxes and Other Claims. The Except with respect to immaterial items, the Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiaries, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiaryof its Subsidiaries; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Hollywood Theaters Inc)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary, and (b2) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted SubsidiarySubsidiary unless such lien would not have a material adverse effect upon such property; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Wellsford Residential Property Trust)

Payment of Taxes and Other Claims. The Company shall will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon it the Company, directly or by reason of its ownership of any Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Subsidiary; and (b2) all material lawful claims for labor, materials and supplies, which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate provision has been made.

Appears in 1 contract

Samples: Westmoreland Coal Co

Payment of Taxes and Other Claims. The Company shall will pay or discharge discharge, or cause to be paid or discharged, before the same shall become delinquent, any penalty accrues thereon (ai) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of its Subsidiaries the Company and (bii) all material lawful claims for labor, materials and supplies, whichsupplies that, if unpaid, might by law become a Lien upon the property of the Company or any Restricted SubsidiarySubsidiary of the Company; provided, however, provided that the Company shall not be required to pay or discharge discharge, or cause to be paid or discharged discharged, any such tax, assessment, charge or claim whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedings.proceedings and for which adequate reserves have been made. 56 51

Appears in 1 contract

Samples: Indenture (Pueblo Xtra International Inc)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Pledge Agreement (Gothic Energy Corp)

Payment of Taxes and Other Claims. The Company shall pay or --------------------------------- discharge or cause to be paid or discharged, before the same shall become delinquent, (ai) all material taxes, assessments and governmental charges levied or imposed upon it on the Company or any Subsidiary or upon on the income, profits or property of the Company or any of its Subsidiaries Subsidiary, and (bii) all material lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien upon lien on the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay -------- ------- or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Homestead Village Inc)

Payment of Taxes and Other Claims. The Company shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material a)all taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries Restricted Subsidiary and (b) all material b)all lawful claims for labor, materials and supplies, supplies which, if unpaid, might by law become a Lien lien upon the property of the Company or any Restricted Subsidiary; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.. NYDOCS01/566567 3

Appears in 1 contract

Samples: Indenture (Qwest Communications International Inc)

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