Common use of Certain Liabilities Clause in Contracts

Certain Liabilities. None of the present or, to the Borrower’s knowledge, previously owned or operated Properties of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which such event would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which would individually or in the aggregate reasonably be expected to have a Material Adverse Effect; or (iii) has been the site of any Release of Hazardous Materials from present or past operations which has caused at the site or at any third party site any condition that has resulted in or would individually or in the aggregate reasonably be expected to result in the need for Response that would cause a Material Adverse Effect.

Certain Liabilities. None of the present or, to the Borrower’s knowledge, previously owned or operated Properties of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which such event would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which would could individually or in the aggregate reasonably be expected to have a Material Adverse Effect; or (iii) has been the site of any Release of Hazardous Materials from present or past operations which has caused at the site or at any third party site any condition that has resulted in or would could individually or in the aggregate reasonably be expected to result in the need for Response that would cause a Material Adverse Effect.

Certain Liabilities. None To the Credit Parties’ actual knowledge none of the present or, to the Borrower’s knowledge, or previously owned or operated Properties of the Borrower or Property of any of its present or former SubsidiariesRestricted Entity, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listlist (unless since deemed to need “no further action”), or their state or local analogs, or have has been otherwise investigated, designated, listed listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which any of the foregoing to the extent that such event would not, individually or in the aggregate, actions could not reasonably be expected to have a Material Adverse Effectresult in any Restricted Entity or Lending Party incurring liability in excess of $1,000,000; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its SubsidiariesRestricted Entity, wherever located, which would individually or in the aggregate could reasonably be expected to have result in a Material Adverse EffectChange; or (iii) has been the site of any Release of Hazardous Materials Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third third-party site any condition that has resulted in or would individually or in the aggregate could reasonably be expected to result in the need for Response that would cause could result in a Material Adverse EffectChange.

Certain Liabilities. None To the Credit Parties’ actual knowledge none of the present or, to the Borrower’s knowledge, or previously owned or operated Properties of the Borrower or Property of any of its present or former SubsidiariesRestricted Entity, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listlist (unless since deemed to need “no further action”), or their state or local analogs, or have has been otherwise investigated, designated, listed listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which any of the foregoing to the extent that such event would not, individually or in the aggregate, actions could not reasonably be expected to have a Material Adverse Effectresult in any Restricted Entity or Lending Party incurring liability in excess of $1,000,000; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its SubsidiariesRestricted Entity, wherever located, which would individually or in the aggregate could reasonably be expected to have result in a Material Adverse EffectChange; or (iii) has been the site of any Release of Hazardous Materials Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third party third‑party site any condition that has resulted in or would individually or in the aggregate could reasonably be expected to result in the need for Response that would cause could result in a Material Adverse EffectChange.

Certain Liabilities. None of the present orExcept as set forth on Schedule 5.09, to the Borrower’s knowledgeKnowledge, none of the present or previously owned or operated Properties of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which the Borrower or the applicable Subsidiary has received a closure letter or other official written approval from the applicable Governmental Authority stating that all applicable legal and regulatory standards have been met with respect to all conditions identified with respect to such event would not, individually or in the aggregate, reasonably be expected to have a Material Adverse EffectProperty; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which would individually or in the aggregate could reasonably be expected to have a Material Adverse Effect; or (iii) has been the site of any Release of Hazardous Materials from present or past operations which has caused at the site or at any third party site any condition that has resulted in or would individually or in the aggregate could reasonably be expected to result in the need for Response that would cause a Material Adverse Effect.

Certain Liabilities. None of the present or, to the Borrower’s knowledge, or previously owned or operated Properties Property of the Borrower any Loan Party or of any of its present current or former Restricted Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or to any Loan Party’s knowledge, have been otherwise investigated, designated, listed listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response Response activity under any Environmental Laws, except for any such Property with respect to which such event would notLaws which, individually or in the aggregate, has resulted in or could reasonably be expected to have result in a Material Adverse EffectChange; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned owned, leased or operated by the Borrower or any of its the Guarantors or Restricted Subsidiaries, wherever located, which would could, individually or in the aggregate aggregate, reasonably be expected to have cause a Material Adverse EffectChange; or (iii) has been the site of any Release of Hazardous Materials from present or past operations which has caused at the site or at any third third-party site any condition that that, individually or in the aggregate, has resulted in or would individually or in the aggregate could reasonably be expected to result in the need for Response that would cause a Material Adverse EffectChange.

Certain Liabilities. None of the present or, to the Borrower’s our knowledge, previously owned or operated Properties of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which such event would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which would could individually or in the aggregate reasonably be expected to have a Material Adverse Effect; or (iii) has been the site of any Release of Hazardous Materials from present or past operations which has caused at the site or at any third party site any condition that has resulted in or would could individually or in the aggregate reasonably be expected to result in the need for Response that would cause a Material Adverse Effect.

Certain Liabilities. None of the present or, to To the Borrower’s knowledge, except as disclosed on Schedule 4.10(b) as of the Closing Date, none of the present or previously owned or operated Properties Property of the Borrower any Credit Party or of any of its present or former SubsidiariesSubsidiary thereof, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to Laws which such event would not, individually or in the aggregate, could reasonably be expected to have result in a Material Adverse Effectmaterial liability to the Borrower or the other Credit Parties (taken as a whole), the Administrative Agent or the any other Secured Parties; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its SubsidiariesCredit Party, wherever located, which would individually or in the aggregate could reasonably be expected to have cause a Material Adverse EffectChange; or (iii) has been the site of any Release of Hazardous Materials Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third third-party site any condition that has resulted in or would individually or in the aggregate could reasonably be expected to result in the need for Response that would could cause a Material Adverse EffectChange.

Certain Liabilities. None of the present orExcept as set forth on Schedule 4.14, to the Borrower’s actual knowledge, none of the present or previously owned or operated Properties Property of the Borrower or any Guarantor or of any of its present or their former Subsidiaries, wherever located, : (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or or, to the extent that the same could reasonably be expected to cause a Material Adverse Change, have been otherwise investigated, designated, listed listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which such event would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any Guarantor or any of its their respective Subsidiaries, wherever located, which would individually or in the aggregate could reasonably be expected to have cause a Material Adverse EffectChange; or (iii) has been the site of any Release of Hazardous Materials Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third third-party site any condition that has resulted in or would individually or in the aggregate could reasonably be expected to result in the need for Response that would cause a Material Adverse EffectChange.

Certain Liabilities. None of the present or, to the Borrower’s knowledge, or previously owned or operated Properties Property of the Borrower any Loan PartyHoldings or of any of its present current or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or to Holdings’ or any Loan Party’s knowledge, have been otherwise investigated, designated, listed listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response Response activity under any Environmental Laws, except for any such Property with respect to which such event would notLaws which, individually or in the aggregate, has resulted in or could reasonably be expected to have result in a Material Adverse EffectChange; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned owned, leased or operated by the Borrower or any of its the Guarantors or Subsidiaries, wherever located, which would could, individually or in the aggregate aggregate, reasonably be expected to have cause a Material Adverse EffectChange; or (iii) has been the site of any Release of Hazardous Materials from present or past operations which has caused at the site or at any third third-party site any condition that that, individually or in the aggregate, has resulted in or would individually or in the aggregate could reasonably be expected to result in the need for Response that would cause a Material Adverse EffectChange.

Certain Liabilities. None of the present or, to the Borrower’s 's knowledge, previously owned or operated Properties of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which such event would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which would could individually or in the aggregate reasonably be expected to have a Material Adverse Effect; or (iii) has been the site of any Release of Hazardous Materials from present or past operations which has caused at the site or at any third party site any condition that has resulted in or would could individually or in the aggregate reasonably be expected to result in the need for Response that would cause a Material Adverse Effect.

Certain Liabilities. None To the Credit Parties’ actual knowledge none of the present or, to the Borrower’s knowledge, or previously owned or operated Properties of the Borrower or Property of any of its present or former SubsidiariesRestricted Entity, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listlist (unless since deemed to need “no further action”), or their state or local analogs, or have has been otherwise investigated, designated, listed listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws, except for any such Property with respect to which any of the foregoing to the extent that such event would not, individually or in the aggregate, actions could not reasonably be expected to have a Material Adverse Effectresult in any Restricted Entity or Lending Party incurring liability in excess of $1,000,000; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its SubsidiariesRestricted Entity, wherever located, which would individually or in the aggregate could reasonably be expected to have result in a Material Adverse EffectChange; or (iii) has been the site of any Release of Hazardous Materials Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third party third‑party site any condition that has resulted in or would individually or in the aggregate could reasonably be expected to result in the need for Response that would cause could result in a Material Adverse Effect.Change. 92