Common use of Taxes, Charges and Liens Clause in Contracts

Taxes, Charges and Liens. Borrower shall pay and discharge when due all of its indebtedness and obligations, including, without limitation, all assessments, taxes, governmental charges, levies and liens of every kind and nature, imposed upon its properties, income, or profits, prior to the date on which penalties would attach, and all lawful claims that, if unpaid, might become a lien or charge upon any of its properties, income or profits; provided, however, it will not be required to pay and discharge any such assessment, tax, charge, xxxx, xxxx or claim so long as (a) the legality of the same shall be contested in good faith by appropriate proceedings, and (b) it shall have established on its books adequate reserves with respect to such contested assessment, tax, charge, levy, lien, or claim in accordance with generally accepted accounting practices. Upon demand of Lender, it will furnish to Lender evidence of payment of the assessments, taxes, charges, levies, liens and claims and will authorize the appropriate governmental official to deliver to Lender at any time a written statement of any assessments, taxes, charges, levies, liens and claims against its properties, income or profits.

Appears in 2 contracts

Samples: Loan Agreement (Energy Services of America CORP), Loan Agreement (Energy Services of America CORP)

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Taxes, Charges and Liens. Borrower shall pay and discharge when due all of its indebtedness and obligations, including, without limitation, all assessments, taxes, governmental charges, levies and liens of every kind and nature, imposed upon its properties, income, or profits, prior to the date on which penalties would attach, and all lawful claims that, if unpaid, might become a lien or charge upon any of its properties, income or profits; provided, however, it will not be required to pay and discharge any such assessment, tax, charge, xxxxlxxx, xxxx or claim so long as (a) the legality of the same shall be contested in good faith by appropriate proceedings, and (b) it shall have established on its books adequate reserves with respect to such contested assessment, tax, charge, levy, lien, or claim in accordance with generally accepted accounting practices. Upon demand of Lender, it will furnish to Lender evidence of payment of the assessments, taxes, charges, levies, liens and claims and will authorize the appropriate governmental official to deliver to Lender at any time a written statement of any assessments, taxes, charges, levies, liens and claims against its properties, income or profits.

Appears in 1 contract

Samples: Loan Agreement (Energy Services of America CORP)

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Taxes, Charges and Liens. Borrower shall pay Pay and discharge when due all of its indebtedness and obligations, including, without limitation, all assessments, taxes, governmental charges, levies and liens liens, of every kind and nature, imposed upon its propertiesBorrower or Borrower's Properties, income, or profits, prior to the date on which penalties would attach, and all lawful claims that, if unpaid, might become a lien or charge upon any of its propertiesBorrower's Properties, income income, or profits; provided, provided however, it Borrower will not be required to pay and discharge any such assessment, tax, charge, xxxxlexx, xxxx or xr claim so long as (a1) the legality of the same shall be contested in good faith by appropriate proceedings, and (b2) it Borrower shall have established on its books adequate reserves with respect to such contested assessment, tax, charge, levy, lien, or claim in accordance with generally accepted accounting practices. Upon Borrower, upon demand of Lender, it will furnish to Lender evidence of payment of the assessments, taxes, charges, levies, liens and claims and will authorize the appropriate governmental official to deliver to Lender at any reasonable time upon Lender's written request a written statement of any assessments, taxes, charges, levies, liens and claims against its propertiesBorrower's Properties, income income, or profits.. (k)

Appears in 1 contract

Samples: Loan Agreement (Phillips R H Inc)

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