Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 25 contracts
Samples: Term Loan Credit Agreement (Penford Corp), Credit Agreement (Penford Corp), Credit Agreement
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 9 contracts
Samples: Credit Agreement (Maf Bancorp Inc), Credit Agreement (Vision Twenty One Inc), Credit Agreement (Sycamore Park Convalescent Hospital)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges material Taxes imposed upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves in accordance with GAAP are provided therefortherefor or to the extent that such failure would not reasonably be expected to result in a Material Adverse Effect.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (J M SMUCKER Co), Credit Agreement, Term Loan Credit Agreement (J M SMUCKER Co)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 7 contracts
Samples: Credit Agreement (Sterling Construction Co Inc), Credit Agreement (Twin Disc Inc), Senior Subordinated Credit Agreement (Quadrant 4 System Corp)
Taxes and Assessments. The Each of the Parent and the Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 4 contracts
Samples: Credit Agreement (Lecg Corp), Credit Agreement (Excelligence Learning Corp), Credit Agreement (Excelligence Learning Corp)
Taxes and Assessments. The Each of Holdings and the Borrower shall duly pay and discharge, and shall cause each Borrower Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 4 contracts
Samples: Credit Agreement (Intl Fcstone Inc.), Credit Agreement (Intl Fcstone Inc.), Credit Agreement (Intl Fcstone Inc.)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary of its Subsidiaries to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves in accordance with GAAP are provided therefor.
Appears in 4 contracts
Samples: Day Credit Agreement (Hewitt Associates Inc), Credit Agreement (Hewitt Associates Inc), Day Credit Agreement (Hewitt Associates Inc)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 4 contracts
Samples: Credit Agreement (Great Western Bancorp, Inc.), Credit Agreement (Great Western Bancorp, Inc.), Credit Agreement (Midwestone Financial Group Inc)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxesTaxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 4 contracts
Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (BIO-TECHNE Corp), Credit Agreement (BIO-TECHNE Corp)
Taxes and Assessments. The Borrower Borrowers shall duly pay and discharge, and shall cause each Restricted Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, fees and governmental charges upon or against it the Borrowers or its Propertyany Restricted Subsidiary or against their respective Properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 4 contracts
Samples: Credit Agreement (EMCOR Group, Inc.), Credit Agreement (EMCOR Group, Inc.), Credit Agreement (EMCOR Group, Inc.)
Taxes and Assessments. The Borrower shall will duly pay and discharge, and shall will cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 3 contracts
Samples: Credit Agreement (Homegold Financial Inc), Credit Agreement (Westmark Group Holdings Inc), Credit Agreement (Homegold Financial Inc)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereonthereon except for taxes, unless rates, assessments, fees and governmental charges (i) not to exceed $25,000 in the extent that the same aggregate at any one time and (ii) which are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 3 contracts
Samples: Credit Agreement (Plexus Corp), Credit Agreement (Plexus Corp), Credit Agreement (Plexus Corp)
Taxes and Assessments. The Borrower shall will duly pay and discharge, and shall will cause each Subsidiary of its Subsidiaries to duly pay and discharge, all federal and other material taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 3 contracts
Samples: Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc)
Taxes and Assessments. The Borrower shall Borrowers will duly pay and discharge, and shall will cause each Restricted Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it the Borrowers or its Propertyany Restricted Subsidiary or against their respective Properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 3 contracts
Samples: Credit Agreement (Emcor Group Inc), Credit Agreement (Emcor Group Inc), Credit Agreement (Emcor Group Inc)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 3 contracts
Samples: Credit Agreement (Cynergistek, Inc), Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Unified Western Grocers Inc)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same (i) could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect or (ii) are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 3 contracts
Samples: Credit Agreement (CTS Corp), Credit Agreement (CTS Corp), Credit Agreement (CTS Corp)
Taxes and Assessments. The Each of the Parent and the Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 3 contracts
Samples: Credit Agreement (FTD Inc), Credit Agreement (Ios Brands Corp), Credit Agreement (Ios Brands Corp)
Taxes and Assessments. The Each of the Parent and the Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor, except where failure to do so could not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Smart Balance, Inc.), Credit Agreement (Smart Balance, Inc.)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.. Section 6.4
Appears in 2 contracts
Samples: Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Infrastructure, Inc.)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 2 contracts
Samples: Credit Agreement (Information Resources Inc), Information Resources Inc
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxesTaxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 2 contracts
Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Gallagher Arthur J & Co), Credit Agreement (Gallagher Arthur J & Co)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 2 contracts
Samples: Credit Agreement (Accretive Health, Inc.), Credit Agreement (Accretive Health, Inc.)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary of its Subsidiaries to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 2 contracts
Samples: Hewitt Associates Inc, Hewitt Associates Inc
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent foreclosure upon such Property or enforcement of the matter under contest and provided adequate reserves are provided therefor.
Appears in 2 contracts
Samples: Credit Agreement (National Credit & Guaranty CORP), Credit Agreement (Kimball Hill, Inc.)
Taxes and Assessments. The Holdings, the Parent and the Borrower shall duly pay and discharge, and shall cause each Borrower Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Samples: Credit Agreement (International Assets Holding Corp)
Taxes and Assessments. The Borrower Each of the Borrowers shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.. § 8.4
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement and Special (Lojack Corp)
Taxes and Assessments. The Each Borrower shall will duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, discharge all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its Propertyproperty, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Samples: Credit Agreement (Chartermac)
Taxes and Assessments. The Each Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.being
Appears in 1 contract
Taxes and Assessments. The Borrower Each of the Borrowers shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Taxes and Assessments. The Parent and the Borrower shall duly pay and discharge, and shall cause each Borrower Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Taxes and Assessments. The Each Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Taxes and Assessments. The Borrower Each of the Borrowers shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Samples: Term Loan Agreement (Lojack Corp)
Taxes and Assessments. The Borrower Each of the Borrowers shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.. {B1036286; 2}-48-
Appears in 1 contract
Samples: Agreement (Lojack Corp)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges Taxes imposed upon or against it the Borrower or its Property, in each case Subsidiaries before the same such Taxes become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Samples: Loan Agreement (DST Systems Inc)
Taxes and Assessments. The Borrower Borrowers shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Samples: Credit Agreement (Penford Corp)
Taxes and Assessments. The Borrower shall duly pay and discharge, and the Borrower shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that (a) the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefortherefor or (b) the failure to do so could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Hub Group, Inc.)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest any Lien relating thereto and adequate reserves are provided therefor.
Appears in 1 contract
Taxes and Assessments. The Borrower Borrowers shall duly pay and discharge, and shall cause each Restricted Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it the Borrowers or its Propertyany Restricted Subsidiary or against their respective Properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Samples: Credit Agreement (Emcor Group Inc)
Taxes and Assessments. The Borrower shall will duly pay and discharge, and shall will cause each Restricted Subsidiary to duly pay and discharge, all taxes, rates, assessments, fees, fees and governmental charges upon or against it the Borrower or its Propertyany Restricted Subsidiary or against their respective Properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Taxes and Assessments. The Each Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, fees and governmental charges upon or against it or its PropertyProperties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided thereforor except in each case or in aggregate as would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan Agreement (Viola Vincent J)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all taxes, rates, governmental assessments, fees, and other governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefor.
Appears in 1 contract
Samples: Credit Agreement (Lincoln Educational Services Corp)
Taxes and Assessments. The Borrower shall duly pay and discharge, and shall cause each Subsidiary to duly pay and discharge, all material taxes, rates, assessments, fees, and governmental charges upon or against it or its Property, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that (a) the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves are provided therefortherefor or (b) the failure to do so could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
