Common use of Taxes; Pensions Clause in Contracts

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor), all material required tax returns and reports, and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, and local Taxes, assessments, deposits and contributions owed by Issuer or its Subsidiaries, except as otherwise permitted pursuant to the terms of Section 5.13 hereof; deliver to the Purchasers, upon reasonable written demand, appropriate certificates attesting to such payments; and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 7 contracts

Sources: Note Purchase Agreement (5E Advanced Materials, Inc.), Note Purchase Agreement (5E Advanced Materials, Inc.), Note Purchase Agreement (5E Advanced Materials, Inc.)

Taxes; Pensions. (a) Timely file, and require cause each of its Material Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, and (b) timely pay, and require each of its Material Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxes, assessments, deposits and contributions owed by Issuer or such Loan Party and each of its Material Subsidiaries, except as otherwise permitted except, in each case, for deferred payment of any Taxes contested pursuant to the terms of Section 5.13 hereof; 5.8, and (c) deliver to the PurchasersLender, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 5 contracts

Sources: Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp)

Taxes; Pensions. Timely filefile (or obtain extensions therefor), and require each of its Subsidiaries to timely file (or obtain timely extensions therefor), all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and material local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 4 contracts

Sources: Loan and Security Agreement (AltheaDx, Inc.), Loan and Security Agreement (AltheaDx, Inc.), Loan and Security Agreement (AltheaDx, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or obtain extensions thereof) and timely pay, and require each of its Subsidiaries to timely payfile, all material foreign, federal, state, and local Taxestaxes, assessments, deposits and contributions owed by Issuer Borrower or its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersLenders, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 3 contracts

Sources: Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Castle Biosciences Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or extensions thereof) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.their terms

Appears in 2 contracts

Sources: Loan and Security Agreement (Alvarion LTD), Loan and Security Agreement (Alvarion LTD)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, or as otherwise permitted pursuant to the terms of Section 5.13 hereof; 5.9, and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (Mindspeed Technologies, Inc), Loan and Security Agreement (Mindspeed Technologies, Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports (or timely file extensions regarding such returns and reports, ) and timely pay, and require each of its Subsidiaries to timely payfile, all material foreign, federal, state, and local Taxestaxes, assessments, deposits and contributions owed by Issuer Borrower or its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersLenders, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 2 contracts

Sources: Loan and Security Agreement (Entellus Medical Inc), Loan and Security Agreement (Entellus Medical Inc)

Taxes; Pensions. Timely filefile (or obtain extensions therefor), and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, as applicable, except as otherwise permitted for deferred payment of any taxes contested or provided for pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (Moneylion Inc.), Loan and Security Agreement (Fusion Acquisition Corp.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted set forth in Section 5.9 and except for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (Tubemogul Inc), Loan and Security Agreement (Tubemogul Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor), all material required tax returns and reports, and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, and local Taxes, assessments, deposits and contributions owed by Issuer or its Subsidiaries, except as otherwise permitted pursuant to the terms of Section 5.13 hereof; deliver to the Purchasers, upon reasonable written on demand, appropriate certificates attesting to such payments; and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 2 contracts

Sources: Note Purchase Agreement (Senseonics Holdings, Inc.), Note Purchase and Exchange Agreement (Senseonics Holdings, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file file, all required federal (and all material state and local tax returns and reports (or obtain timely extensions therefor), all material required tax returns and reports, ) and timely pay, and require each of its Subsidiaries to timely payfile, all federal and all material foreign, federal, state, and local Taxestaxes, assessments, deposits and contributions owed by Issuer Borrower or its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersLenders, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 2 contracts

Sources: Loan and Security Agreement (Cytori Therapeutics, Inc.), Loan and Security Agreement (Cytori Therapeutics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or extensions thereof) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (NanoString Technologies Inc), Loan Agreement (NanoString Technologies Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (file, or obtain timely extensions therefor)for filing, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (Clearside Biomedical, Inc.), Loan and Security Agreement (Clearside Biomedical, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely including deadlines that have been extended for validly filed extensions thereforthereof), all required federal and state and other material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (Spruce Biosciences, Inc.), Loan and Security Agreement (Spruce Biosciences, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (and extensions therefor) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Axsome Therapeutics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all income tax and other material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all income tax and other material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or each Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)

Taxes; Pensions. Timely file, file (or file timely extensions) and require each of its Subsidiaries to timely file (or obtain file timely extensions thereforextensions), for all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely payfile, all material foreign, federal, state, and local Taxestaxes, assessments, deposits and contributions owed by Issuer each Loan Party or its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersLenders, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 2 contracts

Sources: Loan and Security Agreement (Immunocore LTD), Loan and Security Agreement (Immunocore LTD)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof or as otherwise permitted under Section 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (Intermolecular Inc), Loan and Security Agreement (Intermolecular Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reportsreports and, other than nonpayment and extensions permitted pursuant to Section 5.8, timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 2 contracts

Sources: Loan and Security Agreement (Miragen Therapeutics, Inc.), Loan and Security Agreement (Signal Genetics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or valid extensions thereof) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Apellis Pharmaceuticals, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or extensions therefore) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and material local Taxestaxes, assessments, deposits and contributions owed by Issuer or its Obligors and their 238310488 v3 Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan Agreement (Luna Innovations Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (file, or obtain timely extensions therefor)for filing, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersLenders, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Clearside Biomedical, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or file valid extensions thereof) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Contineum Therapeutics, Inc.)

Taxes; Pensions. Timely file, and require cause each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or such Loan Party and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 hereof; 5.8 or as is otherwise permitted in Section 5.8, and shall deliver to the PurchasersAgent, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund in all material respects all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Colonnade Acquisition Corp.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, or obtain extensions therefor, and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Tracon Pharmaceuticals, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Guarantor and each of its Subsidiaries, except as for deferred payment of any taxes contested, or otherwise permitted permitted, pursuant to the terms of Section 5.13 3.8 hereof; , and shall deliver to the PurchasersPurchaser, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Security Agreement (Global Telecom & Technology, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (taking into account applicable extensions) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Arsanis, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all required federal and state and other material required foreign and local tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all federal and state and other material foreign, federal, state, foreign and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Knightscope, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof or as is otherwise permitted in Section 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Calix, Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely payfile, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.11 hereof; , and shall deliver to the PurchasersAgent, upon reasonable written with a copy to each Lender, on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Anesiva, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or obtain valid extensions therefor) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise for deferred payment of any taxes contested or permitted pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Liquidia Corp)

Taxes; Pensions. Timely Except as same are legally extended in compliance with all applicable requirements, timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Microfluidics International Corp)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely payfile, all material foreign, federal, state, and local Taxestaxes, assessments, deposits and contributions owed by Issuer or its Borrower, Guarantor and each of their respective Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersCollateral Agent, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Zalicus Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all required foreign, federal and material required state and local tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, and material state and local Taxestaxes, assessments, deposits and contributions owed by Issuer Borrower or its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersLenders, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 1 contract

Sources: Loan and Security Agreement (RxSight, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all required federal and other material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely payfile, all federal and material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the Purchasers, upon reasonable written within twenty (20) Business Days of demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 1 contract

Sources: Note Purchase Agreement (Invitae Corp)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Domestic Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.7 hereof; , and shall deliver to the PurchasersLender, upon reasonable written promptly following demand, appropriate certificates attesting to such payments; payments5.8 hereof, and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Novelion Therapeutics Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely payfile, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.11 hereof; , and shall deliver to the PurchasersAdministrative Agent, upon reasonable written with a copy to each Lender, on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Zogenix, Inc.)

Taxes; Pensions. Timely filefile (taking into account any applicable extensions), and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all required federal tax returns and all other material required tax returns and reports, and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, and local Taxes, assessments, deposits and contributions owed by Issuer Borrower or its Subsidiaries, except as otherwise permitted pursuant to the terms of Section 5.13 5.8 hereof; deliver to the PurchasersCollateral Agent, upon reasonable written demandrequest, appropriate certificates attesting to such payments; and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such plans.

Appears in 1 contract

Sources: Loan and Security Agreement (Treace Medical Concepts, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required federal income tax returns and reports, all other required material tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.9 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Motive Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or file valid extensions thereof) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Singular Genomics Systems, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or file valid extensions thereto) and timely paypay (or file valid extensions thereto), and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersLender, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (TG-17, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof or as is otherwise permitted in Section 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Sienna Biopharmaceuticals, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (or obtain timely extensions therefor)file, all material required tax returns and reports, reports (or validly filed extensions) and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, state and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, subject to validly filed extensions and except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (XOMA Corp)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file (file, or obtain timely extensions therefor)for filing, all material required tax returns and reports, reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state, provincial, territorial, and local Taxestaxes, assessments, deposits and contributions owed by Issuer or Borrower and each of its Subsidiaries, except as otherwise permitted for deferred payment of any taxes contested pursuant to the terms of Section 5.13 5.8 hereof; , and shall deliver to the PurchasersBank, upon reasonable written on demand, appropriate certificates attesting to such payments; , and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with the terms of such planstheir terms.

Appears in 1 contract

Sources: Loan and Security Agreement (Sophiris Bio Inc.)