Common use of BORROWER'S REMEDIAL ACTION REGARDING HAZARDOUS MATERIALS Clause in Contracts

BORROWER'S REMEDIAL ACTION REGARDING HAZARDOUS MATERIALS. Borrower shall promptly take, and shall cause each of its Subsidiaries promptly to take, any and all remedial action in connection with the presence, storage, use, disposal, transportation or Release of any Hazardous Materials on, under or about any Facility in order to comply in all material respects with all applicable Environmental Laws and Governmental Authorizations. In the event Borrower or any of its Subsidiaries undertakes any remedial action with respect to any Hazardous Materials on, under or about any Facility, Borrower or such Subsidiary shall conduct and complete such remedial action in compliance in all material respects with all applicable Environmental Laws, and in accordance in all material respects with the policies, orders and directives of all federal, state and local governmental authorities except when, and only to the extent that, Borrower’s or such Subsidiary’s liability for such presence, storage, use, disposal, transportation or discharge of any Hazardous Materials is being contested in good faith by Borrower or such Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)

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BORROWER'S REMEDIAL ACTION REGARDING HAZARDOUS MATERIALS. Borrower shall promptly take, and shall cause each of its Subsidiaries promptly to take, any and all necessary remedial action in connection with the presence, storage, use, disposal, transportation or Release of any Hazardous Materials on, on or under or about any Facility in order to comply in all material respects with all required by any applicable Environmental Laws and Governmental AuthorizationsApprovals unless the failure to so comply could not reasonably be expected to have a Material Adverse Effect. In the event Borrower or any of its Subsidiaries undertakes any remedial action with respect to any Hazardous Materials on, on or under or about any Facility, Borrower or such Subsidiary Subsidiary, shall conduct and complete such remedial action in material compliance in all material respects with all applicable Environmental Laws, and in accordance in all material respects with the policies, orders and directives of all federal, state and local governmental authorities Governmental Bodies except when, and only to the extent that, Borrower’s 's or such Subsidiary’s 's liability for such presence, storage, use, disposal, transportation or discharge of any Hazardous Materials Materials, or the legal authority for any such policies, orders, and directives, is being contested in good faith by Borrower or such Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc)

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BORROWER'S REMEDIAL ACTION REGARDING HAZARDOUS MATERIALS. Borrower shall promptly take, and shall cause each of its Subsidiaries promptly to take, any and all remedial action in connection with the presence, storage, use, disposal, transportation or Release of any Hazardous Materials on, under or about any Facility in order to comply in all material respects with all applicable Environmental Laws and Governmental Authorizations. In the event Borrower or any of its Subsidiaries undertakes any remedial action with respect to any Hazardous Materials on, under or about any Facility, Borrower or such Subsidiary shall conduct and complete such remedial action in compliance in all material respects with all applicable Environmental Laws, and in accordance in all material respects with the policies, orders and directives of all federal, state and local governmental authorities except when, and only to the extent that, Borrower’s 's or such Subsidiary’s 's liability for such presence, storage, use, disposal, transportation or discharge of any Hazardous Materials is being contested in good faith by Borrower or such Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Joy Global Inc)

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