Common use of Taxes; Charges Clause in Contracts

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Xxxxxx’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment.

Appears in 3 contracts

Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Term Loan Agreement (Cedar Realty Trust, Inc.)

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Taxes; Charges. Borrower shall pay (or cause the Subsidiaries to pay) before any fine, penalty, interest or cost may be added thereto, and shall not enter into (or permit any Subsidiary to enter into) any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, except when funds in the appliable Reserve Account are sufficient Borrower’s compliance with Section 3.4 of this Agreement relating to pay the sameimpounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not, and shall not permit any Subsidiary to, suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall, or shall cause each Subsidiary to, pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Borrower’s or such Subsidiary’s Project; however, Borrower or any Subsidiary, as applicable, may contest the validity of such claims and demands so long as (a1) Borrower notifies Lender that it Borrower or such Subsidiary intends to contest such claim or demand, (b2) Borrower or such Subsidiary provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Xxxxxx’s title insurance policy the Title Insurance Policies insuring against such claim or demand) assuring the discharge of BorrowerBorrower or such Subsidiary’s Obligations obligations for such claims and demands, including interest and penalties, and (c3) Borrower or such Subsidiary is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the applicable Project is scheduled to be sold for non-payment.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to XxxxxxLender’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Taxes; Charges. Borrower Borrowers shall pay (or shall cause to be paid) before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender Agent with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower Borrowers shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower Borrowers shall pay or cause to be paid when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Project (collectively, the Project"CHARGES"); however, Borrower Borrowers may contest contest, in good faith by appropriate proceedings, the amount or validity of any such claims and demands Charges or Liens so long as (a) Borrower notifies Lender that it intends Borrowers have given prior written notice to Agent of the intent to so contest or object to any such claim Charges or demandLiens, (b) Borrower provides Lender such contest stays the enforcement or collection of the Charges or any Lien created, (c) Borrowers provide Agent with an indemnity, a bond or other security reasonably satisfactory to Lender Agent (including an endorsement to Xxxxxx’s title insurance policy Agent's Title Policies insuring against such claim claim, demand or demandlien) assuring the discharge of Borrower’s Obligations Borrowers' obligations for such claims and demandsclaims, demands or lien, including interest and penalties, and (cd) Borrower is Borrowers are diligently contesting the same by appropriate legal proceedings in good faith and at its their own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Senior Living Inc.)

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender Agent with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay or cause to be paid when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Project (collectively, the Project"Charges"); however, Borrower may contest contest, in good faith by appropriate proceedings, the amount or validity of any such claims and demands Charges or Liens so long as (a) Borrower notifies Lender that it intends has given prior written notice to Agent of the intent to so contest or object to any such claim Charges or demandLiens, (b) such contest stays the enforcement or collection of the Charges or any Lien created, (c) Borrower provides Lender Agent with an indemnity, a bond or other security reasonably satisfactory to Lender Agent (including an endorsement to Xxxxxx’s title insurance policy Agent's Title Policy with respect to such Project insuring against such claim claim, demand or demandlien) assuring the discharge of Borrower’s Obligations 's obligations for such claims and demandsclaims, demands or lien, including interest and penalties, and (cd) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its their own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Loan Agreement (Provident Senior Living Trust)

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Taxes; Charges. Borrower shall pay prior to delinquency and before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the any Project or become payable during the term of the LoanLoans (collectively, and the “Taxes”), and, upon request, will promptly furnish Lender the Administrative Agent with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on Borrower’s interest in the Project; however, Borrower may contest the validity of such claims and demands or taxes so long as (a1) Borrower notifies Lender the Administrative Agent that it intends to contest such claim or demand, (b2) if Borrower has not caused the Lien to be removed prior to the earlier of (i) thirty (30) days and (ii) the commencement of any foreclosure action related thereto, Borrower provides Lender the Administrative Agent with an indemnity, bond or other security satisfactory to Lender the Administrative Agent (including an endorsement to Xxxxxxthe Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations obligations for such claims and demands, including interest and penalties, and (c3) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Loan Agreement (Douglas Emmett Inc)

Taxes; Charges. Borrower shall pay or cause Tenant to pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien lien on the Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Xxxxxx’s Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations 's obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Loan Agreement (CNL Retirement Properties Inc)

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