Common use of Taxes; Pensions Clause in Contracts

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 37 contracts

Samples: Loan and Security Agreement (Network Engines Inc), Loan and Security Agreement (Healthaxis Inc), Loan and Security Agreement (Ista Pharmaceuticals Inc)

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Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 5.8 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 18 contracts

Samples: Loan and Security Agreement (ARCA Biopharma, Inc.), Loan and Security Agreement (Sirtris Pharmaceuticals, Inc.), Loan and Security Agreement (T2 Biosystems, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 5.8 hereof) and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 5 contracts

Samples: Loan and Security Agreement (Vringo Inc), Loan and Security Agreement (Cryocor Inc), Loan Modification Agreement (Meru Networks Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 5.8 hereof) and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Metabasis Therapeutics Inc), Loan and Security Agreement (ARYx Therapeutics, Inc.), Loan and Security Agreement (Metabasis Therapeutics Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to BankAdministrative Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (LendingClub Corp)

Taxes; Pensions. Make, and cause each of its Subsidiaries Subsidiaries, if any, to make, timely payment of all foreign, federal, state, state and local taxes or assessments (other than taxes and assessments assessment which Borrower is contesting pursuant to the terms of Section 5.9 hereof) ), and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: And Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Stereotaxis, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries Subsidiaries, if any, to make, timely payment of all foreign, federal, state, state and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) ), and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Caliper Life Sciences Inc), Loan and Security Agreement (Evergreen Solar Inc), Loan and Security Agreement (Caliper Life Sciences Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries Subsidiaries, if any, to make, timely payment of all foreign, federal, state, state and local taxes or assessments (other than taxes and assessments assessment which Borrower is contesting pursuant to the terms of Section 5.9 5. 9 hereof) , and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Satcon Technology Corp), Loan and Security Agreement (International Electronics Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all material foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Luca Technologies Inc), Loan and Security Agreement (Luca Technologies Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 5.8 hereof) and shall deliver to BankAgent, on within a reasonable period of time (not to exceed five (5) Business Days) following demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Peregrine Pharmaceuticals Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is or its Subsidiaries are contesting pursuant to the terms of Section 5.9 5.8 hereof) and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (GAIN Capital Holdings, Inc.), Loan and Security Agreement (GAIN Capital Holdings, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries Subsidiaries, if any, to make, timely payment of all foreign, federal, state, state and local taxes or assessments (other than taxes and assessments assessment which such Borrower is contesting pursuant to the terms of Section 5.9 hereof) , and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Qualmark Corp)

Taxes; Pensions. Make, and cause each of its Subsidiaries Subsidiaries, if any, to make, timely payment of all foreign, federal, state, state and local taxes or assessments (other than taxes and assessments assessment which Borrower is or its Subsidiaries are contesting pursuant to the terms of Section 5.9 hereof) ), and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (World Energy Solutions, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (MAP Pharmaceuticals, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Vitesse Semiconductor Corp)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereofhereof and except to the extent such failure would not reasonably be expected to cause a Material Adverse Change) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Cardionet Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof, and payments that may be outstanding from time to time not to exceed $100,000 in the aggregate) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsterms in all material respects.

Appears in 1 contract

Samples: Loan and Security Agreement (Websidestory Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 5.8 hereof) and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Apex Bioventures Acquisition Corp)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment or request extensions of payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Danger Inc)

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Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, state and local taxes and assessments, except for deferred payment of any taxes or assessments (other than taxes and assessments which Borrower is contesting contested pursuant to the terms of Section 5.9 hereof) , and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Crossroads Systems Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all federal, and all material foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Hansen Medical Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (DemandTec, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which such Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (BigBand Networks, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment or request extensions of payment, of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 5.8 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (ChemoCentryx, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 hereof5.9) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (St Francis Medical Technologies Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is contesting pursuant to the terms of Section 5.9 5 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Senetek PLC /Eng/)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which a Borrower is contesting pursuant to the terms of Section 5.9 hereof) and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Covad Communications Group Inc)

Taxes; Pensions. Make, and cause each of its Subsidiaries to make, timely payment of all foreign, federal, state, and local taxes or assessments (other than taxes and assessments which Borrower is or its Subsidiaries are contesting pursuant to the terms of Section 5.9 5.8 hereof) and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (GAIN Capital Holdings, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries Subsidiaries, if any, to make, timely payment of all foreign, federal, state, state and local taxes or assessments (other than taxes and assessments assessment which Borrower is contesting pursuant to the terms of Section 5.9 hereof) ), and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Medidata Solutions, Inc.)

Taxes; Pensions. Make, and cause each of its Subsidiaries Subsidiaries, if any, to make, timely payment of all foreign, federal, state, state and local taxes or assessments (other than taxes and assessments assessment which Borrower is contesting pursuant to the terms of Section 5.9 5.10 hereof) , and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Paradigm Holdings, Inc)

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