Common use of Payment and Performance of Obligations Clause in Contracts

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (i) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (ii) all other indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-Borrower and its Subsidiaries may contest or dispute any item described in clauses (i) and (ii) hereof in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Scientific Games Holdings Corp), Credit Agreement (Scientific Games Holdings Corp), Day Credit Agreement (Scientific Games Holdings Corp)

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Payment and Performance of Obligations. Pay and perform all Obligations or Subsidiary Guaranteed Obligations, as applicable, under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-the Borrower and its Subsidiaries or such Subsidiary may contest or dispute any item described in clauses (ia) and or (iib) hereof of this Section 9.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (O Charleys Inc), Credit Agreement (O Charleys Inc), Credit Agreement (O Charleys Inc)

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, Documents and pay or perform (ia) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its propertyproperty (including, without limitation, withholding, social security, payroll and similar employment related taxes) prior to delinquency, and (iib) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-the Borrower and its Subsidiaries may contest or dispute any item described in clauses (ia) and (iib) hereof in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Intercompany Subordination Agreement (Rural Metro Corp /De/), Credit Agreement (Rural Metro of Ohio Inc)

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Documents, subject Documents (with respect to notice and cure provisionseach Borrower), and pay or perform (ia) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtedness, obligations and liabilities in accordance with its customary trade practices; provided, however, that each Co-such Borrower and its Subsidiaries or Subsidiary may contest or dispute any item described in clauses (ia) and (iib) hereof of this Section 8.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Sholodge Inc)

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all valid and legal taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other valid and legal indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-the Borrower and its Subsidiaries or such Material Subsidiary may contest or dispute any item described in clauses (ia) and (iib) hereof of this Section 8.5 in good faith by appropriate proceedings so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (United Companies Financial Corp)

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-the Borrower and or any of its Subsidiaries may contest or dispute any item described in clauses (ia) and or (iib) hereof of this Section 9.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Payment and Performance of Obligations. Pay and perform all -------------------------------------- Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-such Borrower and its Subsidiaries or such Subsidiary thereof may contest or dispute -------- any item described in clauses (ia) and or (iib) hereof of this Section 8.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtedness, obligations and liabilities in accordance with customary trade practices; provided, howeverPROVIDED, that each Co-the Borrower and its Subsidiaries or such Subsidiary may contest or dispute any item described in clauses (ia) and or (iib) hereof of this Section 9.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Payment and Performance of Obligations. Pay and perform when due all Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform when due (ia) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-the Borrower and its Subsidiaries or such Subsidiary may contest or dispute any item described in clauses (ia) and or (iib) hereof of this Section 8.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Gt Interactive Software Corp)

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Payment and Performance of Obligations. Pay and perform all -------------------------------------- Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-such Borrower and its Subsidiaries or such Subsidiary thereof may contest or dispute -------- any item described in clauses (ia) and or (iib) hereof of this Section 9.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Credit Documents, subject to notice and cure provisions, and pay or perform (ia) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtednessmaterial indebtedness (other than the Senior Debt), obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-the Borrower and its Subsidiaries or such Subsidiary may contest or dispute any item described in clauses (ia) and or (iib) hereof of this Section 8.05 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Insignia Financial Group Inc /De/)

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtednessindebtedness (including, without limitation, Intercompany Debt), obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-such Borrower and its Subsidiaries or such Subsidiary may contest or dispute any item described in clauses (ia) and or (iib) hereof of this Section 8.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Ct Communications Inc /Nc)

Payment and Performance of Obligations. Pay and perform all Obligations and Guaranty Obligations, as applicable, under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtedness, obligations and liabilities in accordance with customary trade practices; provided, however, that each Co-Borrower and its Subsidiaries or such Subsidiary may contest or dispute any item described in clauses (ia) and or (iib) hereof of this Section 8.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Radyne Corp)

Payment and Performance of Obligations. Pay and perform all Obligations under this Agreement and the other Loan Documents, subject to notice and cure provisions, and pay or perform (ia) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (iib) all other indebtedness, obligations and liabilities in accordance with customary trade practices; provided, howeverPROVIDED, that each Co-the Borrower and its Subsidiaries or such Subsidiary may contest or dispute any item described in clauses (ia) and or (iib) hereof of this Section 8.5 in good faith so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

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