Common use of Permitted Contests Clause in Contracts

Permitted Contests. After prior written notice to Beneficiary, Trustor may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor or the Property of any law or the validity thereof (each a “Contested Matter”), the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor pursues the contest diligently, in a manner which Beneficiary determines is not prejudicial to Beneficiary, and does not impair the lien of this Deed of Trust; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary shall not be in any danger of any civil or criminal liability; and (d) if required by Beneficiary, Trustor deposits with Beneficiary any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary to protect Beneficiary from the consequences of the contest being unsuccessful. Trustor’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor of its obligations under the Loan or to make payments to Beneficiary as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryGrantee, Trustor Grantor may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Grantor or the Property of any law or the validity thereof (each a “Contested Matter”), the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Grantor pursues the contest diligently, in a manner which Beneficiary Grantee determines is not prejudicial to BeneficiaryGrantee, and does not impair the lien conveyance of this Deed of Trustsecurity title to the Property; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Grantee shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryGrantee, Trustor Grantor deposits with Beneficiary Grantee any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Grantee to protect Beneficiary Grantee from the consequences of the contest being unsuccessful. TrustorXxxxxxx’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor Grantor of its obligations under the Loan or to make payments to Beneficiary Grantee as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryLender, Trustor Grantor may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Grantor or the Property of any law or the validity thereof (each a “Contested Matter”), the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Grantor pursues the contest diligently, in a manner which Beneficiary Lender determines is not prejudicial to BeneficiaryDEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan Xx. 00-00000000/Xxxxx Xx. 000 Lender, and does not impair the lien of this Deed of TrustTrust upon the Property; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Lender shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryLender, Trustor Grantor deposits with Beneficiary Lender any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Lender to protect Beneficiary Lender from the consequences of the contest being unsuccessful. TrustorGrantor’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor Grantor of its obligations under the Loan or to make payments to Beneficiary Lender as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryLender, Trustor Grantor may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Grantor or the Property of any law or the validity thereof (each a “Contested Matter”), the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Grantor pursues the contest diligently, in a manner which Beneficiary Lender determines is not prejudicial to BeneficiaryDEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113748/Store No. 568 Lender, and does not impair the lien of this Deed of TrustTrust upon the Property; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Lender shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryLender, Trustor Grantor deposits with Beneficiary Lender any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Lender to protect Beneficiary Xxxxxx from the consequences of the contest being unsuccessful. TrustorXxxxxxx’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor Grantor of its obligations under the Loan or to make payments to Beneficiary Lender as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryMortgagee, Trustor Mortgagor may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Mortgagor or the Property of any law or the validity thereof (each a “Contested Matter”)thereof, the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Mortgagor pursues the contest diligently, in a manner which Beneficiary Mortgagee determines is not prejudicial to BeneficiaryMortgagee, and does not impair the lien of this Deed of TrustMortgage; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Mortgagee shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryMortgagee, Trustor Mortgagor deposits with Beneficiary Mortgagee any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Mortgagee to protect Beneficiary Mortgagee from the consequences of the contest being unsuccessful. Trustor’s Mortgagor's right to contest pursuant to the terms of this provision shall in no way relieve Trustor Mortgagor or Borrower of its obligations under the Loan or to make payments to Beneficiary Mortgagee as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryLender, Trustor Grantor may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Grantor or the Property of any law or the validity thereof (each a “Contested Matter”), the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Grantor pursues the contest diligently, in a manner which Beneficiary Lender determines is not prejudicial to BeneficiaryDEED OF TRUST (VIRGINIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113730/Store No. 560 Lender, and does not impair the lien of this Deed of TrustTrust upon the Property; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Lender shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryLender, Trustor Grantor deposits with Beneficiary Lender any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Lender to protect Beneficiary Xxxxxx from the consequences of the contest being unsuccessful. TrustorXxxxxxx’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor Grantor of its obligations under the Loan or to make payments to Beneficiary Lender as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryMortgagee, Trustor Mortgagor may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Mortgagor or the Property of any law or the validity thereof (each a “Contested Matter”)thereof, the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Mortgagor pursues the contest diligently, in a manner which Beneficiary Mortgagee determines is not prejudicial to BeneficiaryMortgagee, and does not impair the lien of this Deed of TrustMortgage; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Mortgagee shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryMortgagee, Trustor Mortgagor deposits with Beneficiary Mortgagee any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Mortgagee to protect Beneficiary Mortgagee from the consequences of the contest being unsuccessful. TrustorMortgagor’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor Mortgagor or Borrower of its obligations under the Loan or to make payments to Beneficiary Mortgagee as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryLender, Trustor Borrower may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Borrower or the Property of any law or the validity thereof (each a “Contested Matter”)thereof, the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Borrower pursues the contest diligently, in a manner which Beneficiary Lender determines is not prejudicial to BeneficiaryLender, and does not impair the lien of this the Deed of Trust; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Lender shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryLender, Trustor Borrower deposits with Beneficiary Lender any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Lender to protect Beneficiary Lender from the consequences of the contest being unsuccessful. TrustorBorrower’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor Borrower or Borrower of its obligations under the Loan or to make payments to Beneficiary Lender as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryMortgagee, Trustor Mortgagor may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Mortgagor or the Property of any law or the validity thereof (each a “Contested Matter”)thereof, the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Mortgagor pursues the contest diligently, in a manner which Beneficiary Mortgagee determines is not prejudicial to BeneficiaryMortgagee, and does not impair the lien priority of this Deed of TrustMortgage; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Mortgagee shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryMortgagee, Trustor Mortgagor deposits with Beneficiary Mortgagee any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Mortgagee to protect Beneficiary Mortgagee from the consequences of the contest being unsuccessful. TrustorMortgagor’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor Mortgagor or Mortgagor of its obligations under the Loan or to make payments to Beneficiary Mortgagee as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.

Permitted Contests. After prior written notice to BeneficiaryLender, Trustor Borrower may contest, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman, supplier or vendor, or the application to Trustor Borrower or the Property of any law or the validity thereof (each a “Contested Matter”)thereof, the assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a) Trustor Borrower pursues the contest diligently, in a manner which Beneficiary Lender determines is not prejudicial to BeneficiaryLender, and does not impair the lien of this Deed of Trustthe Mortgage; (b) the Property, or any part hereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in the case of the contest of any law or other legal requirement, Beneficiary Lender shall not be in any danger of any civil or criminal liability; and (d) if required by BeneficiaryLender, Trustor Borrower deposits with Beneficiary Lender any funds or other forms of assurance (including a bond or letter of credit) satisfactory to Beneficiary Lender to protect Beneficiary Lender from the consequences of the contest being unsuccessful. TrustorBorrower’s right to contest pursuant to the terms of this provision shall in no way relieve Trustor Borrower or Borrower of its obligations under the Loan or to make payments to Beneficiary Lender as and when due. The Tenant under any Lease shall also have the right to contest any Contested Matter in accordance with the terms of such Lease.