Common use of Payment, Performance and Discharge of Obligations Clause in Contracts

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii), the Servicer shall pay, perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to tax, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof shall become past due. (ii) The Servicer may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i); provided that (A) adequate reserves with respect to such contest are maintained on the books of the Servicer, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders or the Administrative Agent has advised the Servicer in writing that such Affected Party reasonably believes that failure to pay or to discharge such claims or charges could have or result in a Material Adverse Effect.

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii5.01(e)(ii), the Servicer Borrower shall pay, perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to tax, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof shall become past due. (ii) The Servicer Borrower may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i5.01(e)(i); provided provided, that (A) adequate reserves with respect to such contest are maintained on the books of the ServicerBorrower, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders or the Administrative Agent has advised the Servicer Borrower in writing that such Affected Party reasonably believes that failure to pay or to discharge such claims or charges could have or result in a Material Adverse Effect.

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii5.01(e)(ii), the Servicer Seller shall pay, perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges charges with respect to taxtaxes, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof such amounts shall become past due. (ii) The Servicer Seller may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i5.01(e)(i); provided provided, that (A) adequate reserves with respect to such contest are maintained on the books of the ServicerSeller, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Seller Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders Purchasersany Purchaser, any Purchaser Agent or the Administrative Agent has advised the Servicer Seller in writing that such Affected Party reasonably believes that failure to pay or to discharge such claims or charges could have or result in a Material Adverse Effect.

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii5.01(e)(ii), each of SPC and the Servicer Seller shall pay, perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges charges with respect to tax, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof shall become past dueotherwise. (ii) The Servicer Each of SPC and the Seller may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i)Sections 4.01(i) and 5.01(e)(i) ; provided provided, that (A) adequate reserves with respect to such contest are maintained on the books of the Servicersuch Person, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Seller Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders Purchasers or the Administrative Agent has advised the Servicer Seller or SPC, as applicable, in writing that such Affected Party reasonably believes that failure to pay or to discharge such claims or charges could have or result in a Material Adverse Effect.

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii5.01(e)(ii), the Servicer Borrower shall pay, perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to tax, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof shall become past due. (iii) The Servicer Borrower may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i5.01(e)(i); provided provided, that (A) adequate reserves with respect to such contest are maintained on the books of the ServicerBorrower, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders or the Administrative Agent has not advised the Servicer Borrower in writing that such Affected Party it reasonably believes that failure to pay or to discharge such claims or charges could would have or result in a Material Adverse Effect.

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii5.01(e)(ii), the Servicer Borrower shall pay, ------------------- perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges charges with respect to tax, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof shall become past due. (ii) The Servicer Borrower may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i5.01(e)(i); provided provided, that (A) adequate reserves with respect to ------------------ -------- such contest are maintained on the books of the ServicerBorrower, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders or the Administrative Agent has advised the Servicer Borrower in writing that such Affected Party reasonably believes that failure to pay or to discharge such claims or charges could have or result in a Material Adverse Effect.

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii5.01(e)(ii), the Servicer Borrower shall pay, perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges charges with respect to tax, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof shall become past due. (ii) The Servicer Borrower may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i5.01(e)(i); provided provided, that (A) adequate reserves with respect to such contest are maintained on the books of the ServicerBorrower, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders or the Administrative Agent has advised the Servicer Borrower in writing that such Affected Party reasonably believes that failure to pay or to discharge such claims or charges could have or result in a Material Adverse Effect.

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii5.01(e)(ii), the Servicer Seller shall pay, perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges charges with respect to taxtaxes, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof such amounts shall become past due. (ii) The Servicer Seller may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i5.01(e)(i); provided provided, that (A) adequate reserves with respect to such contest are maintained on the books of the ServicerSeller, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Seller Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders Purchasers or the Administrative Agent has advised the Servicer Seller in writing that such Affected Party reasonably believes that failure to pay or to discharge such claims or charges could have or result in a Material Adverse Effect.

Payment, Performance and Discharge of Obligations. (i) Subject to Section 7.07(g)(ii5.01(e)(ii), the Servicer Seller shall pay, perform and discharge or cause to be paid, performed and discharged promptly all charges and claims payable by it, including (A) Charges charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges charges with respect to tax, social security and unemployment withholding with respect to its employees, and (B) lawful claims for labor, materials, supplies and services or otherwise before any thereof shall become past due. (ii) The Servicer Seller may in good faith contest, by appropriate proceedings, the validity or amount of any charges or claims described in Section 7.07(g)(i5.01(e)(i); provided that (A) adequate reserves with respect to such contest are maintained on the books of the ServicerSeller, in accordance with GAAP, (B) such contest is maintained and prosecuted continuously and with diligence, (C) none of the Borrower Seller Collateral becomes subject to forfeiture or loss as a result of such contest, (D) no Lien shall be imposed to secure payment of such charges or claims other than inchoate tax liens and (E) none of the Lenders Purchasers or the Administrative Agent has advised the Servicer Seller in writing that such Affected Party reasonably believes that failure to pay or to discharge such claims or charges could have or result in a Material Adverse Effect.