Common use of Payment of Trade Liabilities, Taxes, etc Clause in Contracts

Payment of Trade Liabilities, Taxes, etc. Each Restricted Person will (a) timely file all tax returns required to be filed in any jurisdiction; (b) timely pay and discharge all taxes shown to be due and payable on such returns and all other taxes, assessments, governmental charges, or levies imposed on them or any of their properties, assets, income or franchises, to the extent such taxes and assessments have become due and payable and before they have become delinquent and all claims for which sums have become due and payable that have or might become a lien on properties or assets of the Borrower or any Restricted Person; (c) timely pay all Liabilities owed by it on ordinary trade terms to vendors, suppliers and other Persons providing goods and services used by it in the ordinary course of its business, (e) timely pay and discharge when due all other Liabilities now or hereafter owed by it, other than royalty payments suspended in the ordinary course of business; and (f) maintain appropriate accruals and reserves for all of the foregoing in accordance with GAAP. Each Restricted Person may, however, delay paying or discharging any of the foregoing so long as (i) the amount, applicability or validity thereof is contested by the Borrower or such Restricted Person on a timely basis in good faith and in appropriate proceedings, and the Borrower or such Restricted Person has established adequate reserves therefor in accordance with GAAP on the books of the Borrower or such Restricted Person or (ii) the nonpayment of all such taxes, assessments, charges, levies and Liabilities in the aggregate could not reasonably be expected to have a Material Adverse Effect.

Payment of Trade Liabilities, Taxes, etc. Each Restricted Person will (a) timely file all required tax returns required to be filed in any jurisdictionreturns; (b) timely pay and discharge all taxes shown to be due and payable on such returns and all other taxes, assessments, and other governmental charges, charges or levies imposed on them upon it or any of their propertiesupon its income, assets, income profits or franchises, to the extent such taxes and assessments have become due and payable and before they have become delinquent and all claims for which sums have become due and payable that have or might become a lien on properties or assets of the Borrower or any Restricted Personproperty; (c) timely within ninety (90) days past the date the same becomes due, pay all Liabilities owed by it on ordinary trade terms to vendors, suppliers and other Persons providing goods and services used by it in the ordinary course of its business, ; (ed) timely pay and discharge when due all other Liabilities now or hereafter owed by it, other than royalty payments suspended in the ordinary course of business; and (fe) maintain appropriate accruals and reserves for all of the foregoing in accordance with GAAP. Each Restricted Person may, however, delay paying or discharging any of the foregoing so long as it either (ia) the amount, applicability or validity thereof is contested by the Borrower or such Restricted Person on a timely basis in good faith contesting the validity thereof by appropriate proceedings and in appropriate proceedings, and the Borrower or such Restricted Person has established set aside on its books adequate reserves therefor or (b) has timely requested an extension of such payment obligation in accordance with GAAP on the books of the Borrower or such Restricted Person applicable Law, or (iic) has reasonably determined that the nonpayment of all such taxes, assessments, charges, levies and Liabilities in the aggregate failure to timely pay could not reasonably be expected to have result in a Material Adverse EffectChange. * PORTIONS OF THIS PAGE HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Payment of Trade Liabilities, Taxes, etc. Each Restricted Person will (a) timely file all required tax returns required to be filed in including any jurisdictionextensions; (b) timely pay and discharge all taxes shown to be due and payable on such returns and all other taxes, assessments, and other governmental charges, charges or levies imposed on them upon it or any of their propertiesupon its income, assets, income profits or franchises, to the extent such taxes and assessments have become due and payable and before they have become delinquent and all claims for which sums have become due and payable that have or might become a lien on properties or assets of the Borrower or any Restricted Personproperty; (c) timely except with respect to purchases of Hydrocarbon Inventory, within one hundred twenty (120) days after the date such goods are delivered or such services are rendered, pay all Liabilities owed by it on ordinary trade terms to vendors, suppliers and other Persons providing goods and services used by it in the ordinary course of its business; (d) pay all Liabilities owed by it to sellers of Hydrocarbon Inventory on or before the thirty-fifth (35th) day following the last day of the month in which such Hydrocarbon Inventory was delivered or, if later, the due date for such Liability that may be specified in the purchase agreement for such Hydrocarbon Inventory (provided such amounts that are customarily paid following the submission of invoices have been properly invoiced to such Restricted Person for at least twenty-five (25) days), (e) timely pay and discharge when due all other Liabilities now or hereafter owed by it, other than royalty payments suspended in the ordinary course of business; and (f) maintain appropriate accruals and reserves for all of the foregoing in accordance with GAAP. Each Restricted Person may, however, delay paying or discharging any of the foregoing so long as (i) the amount, applicability or validity thereof it is contested by the Borrower or such Restricted Person on a timely basis in good faith and in contesting the validity thereof (or the amount thereof that remains unpaid) by appropriate proceedings, if necessary, and the Borrower or such Restricted Person has established set aside on its books adequate cash reserves therefor in accordance with GAAP on the books of the Borrower or such Restricted Person or (ii) the nonpayment of all such taxes, assessments, charges, levies and Liabilities in the aggregate could not reasonably be expected to have a Material Adverse Effect.amounts that are required by GAAP. SECOND AMENDED AND RESTATED CREDIT AGREEMENT

Payment of Trade Liabilities, Taxes, etc. Each Restricted Person will (a) timely file all required tax returns required to be filed in including any jurisdictionextensions; (b) timely pay and discharge all taxes shown to be due and payable on such returns and all other taxes, assessments, and other governmental charges, charges or levies imposed on them upon it or any of their propertiesupon its income, assets, income profits or franchises, to the extent such taxes and assessments have become due and payable and before they have become delinquent and all claims for which sums have become due and payable that have or might become a lien on properties or assets of the Borrower or any Restricted Personproperty; (c) timely except with respect to purchases of Hydrocarbon Inventory, within one hundred twenty (120) days after the date such goods are delivered or such services are rendered, pay all Liabilities owed by it on ordinary trade terms to vendors, suppliers and other Persons providing goods and services used by it in the ordinary course of its business; (d) pay all Liabilities owed by it to sellers of Hydrocarbon Inventory on or before the fifty-fifth (55th) day following the last day of the month in which such Hydrocarbon Inventory was delivered or, if later, the due date for such Liability that may be specified in the purchase agreement for such Hydrocarbon Inventory (provided such amounts that are customarily paid following the submission of invoices have been properly invoiced to such Restricted Person for at least twenty-five (25) days), (e) timely pay and discharge when due all other Liabilities now or hereafter owed by it, other than royalty payments suspended in the ordinary course of business; and (f) maintain appropriate accruals and reserves for all of the foregoing in accordance with GAAP. Each Restricted Person may, however, delay paying or discharging any of the foregoing so long as (i) the amount, applicability or validity thereof it is contested by the Borrower or such Restricted Person on a timely basis in good faith and in contesting the validity thereof (or the amount thereof that remains unpaid) by appropriate proceedings, if necessary, and the Borrower or such Restricted Person has established set aside on its books adequate cash reserves therefor in accordance with GAAP on the books of the Borrower or such Restricted Person or (ii) the nonpayment of all such taxes, assessments, charges, levies and Liabilities in the aggregate could not reasonably be expected to have a Material Adverse Effectamounts that are required by GAAP.