Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, and (2) 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 Subsidiary 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 or for which the Company has set apart and maintains an adequate reserve.
Appears in 8 contracts
Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 SubsidiaryCompany, and (2) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a lien upon the property of the Company or any Subsidiary unless such lien Company, except where the failure to do so would not be reasonably expected to have a material adverse effect upon such propertyon the business, assets, financial condition or results of operations 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 8 contracts
Samples: Indenture (TCP Capital Corp.), Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)
Payment of Taxes and Other Claims. The Company will shall, and shall cause each of its Restricted Subsidiaries to, pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiaryof its Subsidiaries, and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 7 contracts
Samples: Indenture (R H Donnelley Corp), Indenture (Donnelley R H Inc), Indenture (Laidlaw International Inc)
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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, Subsidiary of the Company and (2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material liability, or Lien upon the property property, of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 5 contracts
Samples: Indenture (Tekni Plex Inc), Definitions and Incorporation by Reference (Dolco Packaging Corp /De/), Indenture (Pen Tab Industries Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Subsidiary of its Significant Subsidiaries or upon the income, profits or property of the Company or any Subsidiaryof its Significant Subsidiaries, and (2ii) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof its Significant 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 or for which would not be disadvantageous in any material respect to the Company has set apart and maintains an adequate reserveHolders.
Appears in 4 contracts
Samples: Indenture (Seitel Capital Trust Ii), R&b Falcon Corp, Seitel Capital Trust Ii
Payment of Taxes and Other Claims. The Company has paid and will in the future pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) 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 SubsidiaryCompany, and (2b) all material lawful claims against the Company for labor, materials and supplies whichwhich in the case of either clause (a) or (b) of this Section 303, if unpaid, might by law become a lien upon the property of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such its 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 4 contracts
Samples: Convertible Note Purchase Agreement (Micro General Corp), Convertible Note Purchase Agreement (Micro General Corp), Convertible Note Purchase Agreement (Micro General Corp)
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiaryof its Restricted Subsidiaries, and (2) all lawful 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof its Restricted 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 3 contracts
Samples: Indenture (United Rentals North America Inc), Indenture (Wyne Systems Inc), United Rentals Inc /De
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges levied or imposed upon it the Company, Parent or any Restricted Subsidiary or upon the income, profits or property of the Company Company, Parent or any Restricted Subsidiary, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property any Principal Property of the Company Company, Parent or any Subsidiary unless such lien would not have a material adverse effect upon such propertyRestricted 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 3 contracts
Samples: Indenture (Eaton Corp PLC), Indenture (Eaton Corp PLC), Cooper Offshore Holdings S.a.r.l.
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, (1) before the same shall become delinquent, (1) 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 Subsidiary, and (2) all material lawful claims for labor, materials and supplies which give rise to a lien or which, if unpaid, might by law become a lien upon the property of the Company or any Subsidiary unless Subsidiary, prior to the time the holder of such lien would not have a material adverse effect evidences its intention to realize upon such propertyits lien; 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 3 contracts
Samples: Overseas Shipholding Group Inc, Overseas Shipholding Group Inc, Overseas Shipholding Group Inc
Payment of Taxes and Other Claims. The Company will pay or discharge discharge, or cause to be paid or discharged, before the same shall become delinquent, any penalty accrues thereon (1i) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary, Restricted Subsidiary of the Company and (2ii) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a lien Lien upon the property of the Company or any Restricted Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 or and for which the Company has set apart and maintains an adequate reservereserves have been made.
Appears in 2 contracts
Samples: Indenture (Nutritional Sourcing Corp), Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, and (2) 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 Subsidiary unless such lien would not have that comprise more than 10% of the assets of the Company and its Subsidiaries, taken as a material adverse effect upon such propertywhole; 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 2 contracts
Samples: Indenture (Commerce Security Bancorp Inc), Indenture (Washington Mutual Capital I)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 SubsidiaryCompany, and (2) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a lien upon the property of the Company or any Subsidiary unless such lien Company, except where the failure to do so would not be reasonably expected to have a material adverse effect upon such propertyon the business, assets, financial condition or results of operations 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 or for which the Company has set apart and maintains an adequate reserveproceedings, but shall establish proper reserves in accordance with GAAP.
Appears in 2 contracts
Samples: Indenture (Terra Property Trust, Inc.), Indenture (Terra Property Trust, Inc.)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, and (2) 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 Subsidiary unless such lien would not have that comprise more than 10% of the assets of the Company and its Subsidiaries taken as a material adverse effect upon such propertywhole; 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 2 contracts
Samples: Indenture (American Financial Capital Trust I), American Annuity Group Capital Trust Ii
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) 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 Subsidiary, Subsidiary and (2b) 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 Subsidiary unless such lien would not have that could produce a material adverse effect upon such propertyon the Consolidated financial condition 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 2 contracts
Samples: Amc Entertainment Inc, Amc Entertainment Inc
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 or the income, profits or property of the Company or any Subsidiaryof its Subsidiaries, and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 2 contracts
Samples: Fiat Chrysler Finance Us Inc., Fiat Chrysler Automobiles N.V.
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiaryof its Restricted Subsidiaries, and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof its Restricted 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 2 contracts
Samples: Indenture (Mission Energy Holding Co), FLN Finance Inc
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become becomes, or could reasonably be expected to become, a lien upon the property of the Company or any Subsidiary unless such lien would not have and have, or be reasonably expected to have, a material adverse effect upon such propertyMaterial Adverse Effect; 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sirva Inc), Securities Purchase Agreement (Internet Capital Group Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) 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 Subsidiary, Subsidiary and (2b) 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 Subsidiary unless such lien would not have that could produce a material adverse effect upon such propertyon the consolidated financial condition 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Samples: Regal Cinemas Inc
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon it or any Subsidiary of its Subsidiaries or upon the income, profits or property properties of the Company it or any Subsidiary, of its Subsidiaries and (2ii) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a lien Lien upon the property of the Company it or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 if the amount, applicability or validity thereof is being contested in good faith by appropriate proceedings or for which the Company has set apart and maintains an adequate reserve.by
Appears in 1 contract
Samples: Lamar Advertising Co
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary, of its Subsidiaries and (2ii) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material liability, or Lien upon the property property, of the Company it or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Samples: Indenture (Hard Rock Hotel Inc)
Payment of Taxes and Other Claims. The Company 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 Security Documents, (1a) 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 Subsidiary, Subsidiary and (2b) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertySubsidiary; 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 or for which where the Company has set apart and maintains an adequate reservefailure to effect such payment or discharge is not adverse in any material respect to the Holders of the Notes.
Appears in 1 contract
Samples: Louisiana Casino Cruises Inc
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges levied or imposed upon it the Company or any Material Subsidiary or upon the income, profits or property of the Company or any Subsidiary, Material Subsidiary and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien pledge, mortgage, lien, charge, encumbrance or security interest upon the property any Property of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyMaterial 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Samples: China Mobile Hong Kong LTD
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) 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 Subsidiary, and (2ii) all material and lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertySubsidiary, except for any Lien permitted to be incurred under Section 3.01; 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 or for which the Company has set apart and maintains an adequate reserve.,
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary, of its Subsidiaries and (2ii) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material liability, or Lien upon the property property, of the Company it or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Samples: Indenture (Hard Rock Hotel Inc)
Payment of Taxes and Other Claims. The Company will shall --------------------------------- pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any Subsidiary, and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertySubsidiary; 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 or and for which the Company has set apart and maintains an disputed amounts adequate reservereserves have been made.
Appears in 1 contract
Samples: Nationwide Financial Services Inc/
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Restricted Subsidiary, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Security Interest upon the any property or assets of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyRestricted 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Samples: Indenture (Husky Energy Inc)
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiaryof its Restricted Subsidiaries, and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof its Restricted 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 or for which would not result in a material adverse effect on the Company has set apart and maintains an adequate reserveCompany.
Appears in 1 contract
Samples: Indenture (Oci Holdings Inc)
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, Restricted Subsidiary and (2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law are reasonably likely to become a lien material liability, or material Lien upon the property property, of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyRestricted Subsidiary; 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 or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Samples: Aerolink International Inc
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any Subsidiary, and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such property; 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 or and for which the Company has set apart and maintains an disputed amounts adequate reservereserves have been made.
Appears in 1 contract
Samples: Indenture (Watford Holdings Ltd.)
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) 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 Subsidiary, Restricted Subsidiary and (2b) all material lawful claims for labor, materials and supplies supplies, which, if unpaid, might by law become a material liability or lien upon the property of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyRestricted 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 or for which the Company has set apart and maintains an adequate reserve.good
Appears in 1 contract
Samples: CCC Capital Trust Ii
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, : (1i) 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 Subsidiaryof its Restricted Subsidiaries, and (2ii) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof its Restricted 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Samples: Western Wireless Corp
Payment of Taxes and Other Claims. The Company 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, (1a) 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 Subsidiary, such Subsidiary and (2b) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertySubsidiary; 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 NYDOCS01/571795 3 property of the Company or any Subsidiary, Restricted Subsidiary and (2) all material b)all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyRestricted 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Restricted Subsidiary, and (2) all material lawful claims for labor, materials and supplies whichsupplies, which in each case described in clause (1) or (2), if unpaid, might by law become a lien upon the property of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyRestricted 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will shall, or shall cause its Subsidiaries to, pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) 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 SubsidiarySubsidiary of the Company, and (2b) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof the Company; provided, however, that the Company and 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary, of its Subsidiaries and (2b) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material Lien upon or a material liability affecting the property of the Company it or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 or for which the Company has set apart and maintains an adequate reserve.is
Appears in 1 contract
Samples: Weight Watchers International Inc
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, Re- stricted Subsidiary and (2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material liability, or Lien upon the property property, of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyRestricted 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 or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Samples: Tci Satellite Entertainment Inc
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, and shall cause each of their Subsidiaries to pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, Company; and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyCompany; 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 or and for which the Company adequate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) 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 Subsidiary, and (2ii) all material and lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertySubsidiary, except for any Lien permitted to be incurred under Section 301; 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 or for which the Company has set apart and maintains an adequate reserveproceedings.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary, of its Subsidiaries and (2b) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material liability or Lien upon the property of the Company it or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof its 48 -40- 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 or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Samples: Unifrax Investment Corp
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, Restricted Subsidiary and (2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material liability, or Lien upon the property property, of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyRestricted 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 47 -47- whose amount, applicability or validity is being contested in good faith by appropriate proceedings or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Samples: Indenture (Roma Fort Worth Inc)
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon it the Company or any Subsidiary or upon the income, profits or property of the Company or any Subsidiary, and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertySubsidiary; 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 or and for which the Company has set apart and maintains an disputed amounts adequate reservereserves have been made.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiary, and (2) 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 Subsidiary 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 or for which the Company has set apart and maintains an adequate reserve.or
Appears in 1 contract
Samples: New Plan (New Plan Realty Trust)
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) all material taxes, assessments and governmental charges levied or imposed upon it or any Subsidiary of its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary, of its Subsidiaries and (2ii) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material liability or Lien upon the property of the Company it or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof its 52 53 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 or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon it or any Subsidiary of its Subsidiaries or upon the income, profits or property properties of the Company it or any Subsidiary, of its Subsidiaries and (2ii) all material lawful claims for labor, materials materials, supplies and supplies whichservices that, if unpaid, might by law become a lien Lien upon the property of the Company it or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof its Subsidiaries; provided, -------- however, that the Company there shall not be required to pay or discharge or cause to be paid or discharged ------- any such tax, assessmentassessment or charge, charge or claim whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedings or for which the Company has set apart and maintains an adequate reserve.being
Appears in 1 contract
Payment of Taxes and Other Claims. 46 52 The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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, Subsidiary of the Company and (2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a lien material liability, or Lien upon the property property, of the Company or any Subsidiary unless such lien would not have a material adverse effect upon such propertyof 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 or and for which the Company appropriate provision has set apart and maintains an adequate reservebeen made.
Appears in 1 contract
Samples: Prime Foods Development Corp
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) 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 Subsidiaryof its Restricted Subsidiaries, and (2) 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 Subsidiary unless such lien would not have a material adverse effect upon such propertyof its Restricted 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 or for which the Company has set apart and maintains an adequate reserve.proceedings. 106 October '97 Notes Indenture
Appears in 1 contract
Samples: Nextel Communications Inc