Common use of Certain Liabilities Clause in Contracts

Certain Liabilities. To the Borrower’s actual knowledge, none of the present or previously owned or operated Property of any Loan Party, the Joint Venture, or of any of their former Subsidiaries, wherever located: (i) has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, (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 any Loan Party or the Joint Venture, wherever located, which could reasonably be expected to cause a Material Adverse Change, or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Certain Liabilities. To the Borrower’s actual knowledge, none of the present or previously owned or operated Property of the Borrower or any Loan Party, the Joint Venture, Guarantor or of any of their current or former Subsidiaries, wherever located: , (i) has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 Loan Party of the Guarantors or the Joint VentureSubsidiaries, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous 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 could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Certain Liabilities. To the Borrower’s actual knowledge, none of the present or previously owned or operated Property of the Borrower or any Loan Party, the Joint Venture, Guarantor or of any of their former Subsidiaries, wherever located: (i) except as set forth in Schedule 7.07, has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 Loan Party or of the Joint VentureGuarantors, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Certain Liabilities. To Except as set forth on Schedule 4.15, to the Borrower’s 's actual knowledge, none of the present or previously owned or operated Property of the Borrower or any Loan Party, the Joint Venture, Guarantor or of any of their former Subsidiaries, wherever located: , (i) has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 Loan Party or of the Joint VentureGuarantors, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Certain Liabilities. To the Borrower’s actual Except as disclosed on Schedule 4.10, to such Credit Parties’ knowledge, none of the present or previously owned or operated Property of any Loan Party, the Joint Venture, such Credit Party or of any of their former SubsidiariesSubsidiary thereof, wherever located: , (i) has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, the Comprehensive Environmental Response Compensation Liability Information System list, or their state -41- NY\6260051.12 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, ; (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 any Loan Party or the Joint VentureCredit Party, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous 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 could reasonably be expected to result in the need for Response that would could cause a Material Adverse Change.

Certain Liabilities. To the BorrowerExcept as set forth on Schedule 4.10, to each Restricted Entity’s actual best knowledge, none of the present or previously owned or operated Property of any Loan Party, the Joint Venture, Restricted Entity or of any of their former Subsidiaries, wherever located: , (i) has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 any Loan Party Restricted Entity or the Joint Ventureany Subsidiary, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that would could cause a Material Adverse Change.

Certain Liabilities. To the Borrower’s 's actual knowledge, none of the present or previously owned or operated Property of the Borrower or any Loan Party, the Joint Venture, Guarantor or of any of their former Subsidiaries, wherever located: (i) except as set forth in Schedule 4.07, has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 Loan Party or of the Joint VentureGuarantors, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Certain Liabilities. To Except as set forth on Schedule 4.16(b), to the Borrower’s actual knowledge's Knowledge, none of the present or previously owned or operated Property Properties of any Loan Party, the Joint Venture, Borrower or of any of their its present or former Subsidiaries, wherever located: , (i) has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 Loan Party or the Joint Ventureof its Subsidiaries, wherever located, which could reasonably be expected to cause have a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous 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 could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Certain Liabilities. To the Borrower’s actual knowledge, none of the present or previously owned or operated Property of the Borrower or any Loan Party, the Joint Venture, Guarantor or of any of their former Subsidiaries, wherever located: (i) except as set forth in Schedule 4.07, has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 Loan Party or of the Joint VentureGuarantors, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous 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 could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Certain Liabilities. To Except as set forth on Schedule 4.16(b), to the Borrower’s actual knowledge's Knowledge, none of the present or previously owned or operated Property of any Loan Party, the Joint Venture, Borrower or of any of their its present or former Subsidiaries, wherever located: , (i) has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 Loan Party or the Joint Ventureof its Subsidiaries, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Certain Liabilities. To Except as set forth on Schedule 4.15(b), to the Borrower’s actual knowledge, none of the present or previously owned or operated Property of any Loan Party, the Joint Venture, Borrower or of any of their its present or former Subsidiaries, wherever located: , (i) has been placed on or proposed to be placed on the National Priorities List, the Superfund Enterprise Management System, 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, ; (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 Loan Party or the Joint Ventureof its Subsidiaries, wherever located, which could reasonably be expected to cause a Material Adverse Change, ; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that would cause a Material Adverse Change.