Common use of Compliance with Environmental Requirements; No Hazardous Materials Clause in Contracts

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials or (iv) release of Hazardous Materials; (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.17, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17the Information Certificate: (a) to Borrower’s knowledge, no No Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any properties now or, to the knowledge of such properties the Credit Parties, previously owned, leased or operated by any Credit Party in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could which would reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000have a Material Adverse Effect. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any material Environmental Law nor is any such property affected by any Hazardous Materials Contamination;. (b) To Borrower’s knowledge, no underground storage tanks are located on any properties now or previously owned, leased or operated by any Credit Party. (c) No written notice, notification, demand, request for informationcomplaint, citation, summons, complaint investigation, administrative order, consent order and agreement, litigation or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledge, threatened by any Governmental Authority or other Person settlement with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials or (iv) release of Hazardous Materials; (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are Contamination is in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed existence or, to Borrower’s knowledge, proposed for listingproposed, on threatened or anticipated with respect to or in connection with the National Priorities List promulgated pursuant operation of any properties owned, leased or operated by any Credit Party. All such properties and their uses, and any disposal of Hazardous Materials from any thereof, comply with all material Environmental Laws. (d) There has been no environmental investigation, study, audit, test, review or other analysis conducted of which Borrower has knowledge in relation to CERCLA, the current or CERCLIS (as defined in CERCLA) prior business of Borrower or any similar state list property or is the subject of Federalfacility owned, state leased or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against operated by any Credit Party for clean-up costs, remedial work, damage which has not been delivered to natural resources or personal injury claims, including, but not limited to, claims under CERCLA;Agent. (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to such Borrower’s knowledge, threatened in writing by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials;, in each case except where the failure to obtain such document could not reasonably be expected to have a Material Adverse Effect; and (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (db) no property now owned or leased by any Credit Party and, to the knowledge of each Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous MaterialsMaterials in violation of any Applicable Law, is listed or, to such Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of such Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, which claims could reasonably be expected to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liensa Material Adverse Effect. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17: (a) to Borrower’s knowledge, no No Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or which could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000have a Material Adverse Effect. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law Law, which could reasonably be expected to have a Material Adverse Effect, nor is any such property affected by any Hazardous Materials Contamination;Contamination which, in the case of any of the foregoing, would reasonably be expected to have a Material Adverse Effect. (b) no No underground storage tanks are located on any properties now or previously owned, leased or operated by any Credit Party, or were located on any such property and subsequently removed or filled, which would reasonably be expect to have a Material Adverse Effect. (c) No notice, notification, demand, request for information, complaint, citation, summons, complaint investigation, administrative order, consent order and agreement, litigation or order has been issuedsettlement with respect to Hazardous Materials or Hazardous Materials Contamination is in existence or, to any Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledgeproposed, threatened by any Governmental Authority or other Person anticipated with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required or in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal operation of any Hazardous Materials properties now or (iv) release previously owned, leased or operated by any Credit Party, which, in the case of Hazardous Materials; (c) any of the foregoing, would reasonably be expected to the knowledge of Borrowerhave a Material Adverse Effect. All such properties and their existing and prior uses, all oral or written notifications of a release and any disposal of Hazardous Materials required from any thereof, comply and at all times have complied with all Environmental Laws except for any non-compliance that would not reasonably be expected to be filed by have a Material Adverse Effect. There is no condition on any of such properties which is in violation of any Environmental Laws and no Credit Party has received any communication from or on behalf of any Credit Party under governmental authority that any applicable Environmental Law such condition exists which would reasonably be expected to have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party;a Material Adverse Effect. (d) There has been no material environmental investigation, study, audit, test, review or other analysis conducted of which any Credit Party has knowledge in relation to the current or prior business of such Credit Party or any property or facility now owned or previously owned, leased or operated by any Credit Party and, which has not been delivered to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, claims under CERCLA;Administrative Agent. (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit PartyParty and for which such Credit Party would have liability under Environmental Law.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No 250,000; and no portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledgethe knowledge of any Responsible Officer or other senior management of Borrowers, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials; (c) to the knowledge of Borrower’s Knowledge, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of Borrower’s Knowledge, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledgethe knowledge of any Responsible Officer, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower’s Knowledge, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower’s Knowledge, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17: (a) to Borrower’s knowledge, no No Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or which could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000have a Material Adverse Effect. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law Law, which could reasonably be expected to have a Material Adverse Effect, nor is any such property affected by any Hazardous Materials Contamination;Contamination which, in the case of any of the foregoing, would reasonably be expected to have a Material Adverse Effect. (b) no No underground storage tanks are located on any properties now or previously owned, leased or operated by any Credit Party, or were located on any such property and subsequently removed or filled, which would reasonably be expect to have a Material Adverse Effect. (c) No notice, notification, demand, request for information, complaint, citation, summons, complaint investigation, administrative order, consent order and agreement, litigation or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledge, threatened by any Governmental Authority or other Person settlement with respect to Hazardous Materials or Hazardous Materials Contamination is in existence or, to any (i) alleged violation by any Credit Party of any Environmental LawBorrower's knowledge, (ii) alleged failure by any Credit Party proposed, threatened or anticipated with respect to have any Permits required or in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal operation of any Hazardous Materials properties now or (iv) release previously owned, leased or operated by any Credit Party, which, in the case of Hazardous Materials; (c) any of the foregoing, would reasonably be expected to the knowledge of Borrowerhave a Material Adverse Effect. All such properties and their existing and prior uses, all oral or written notifications of a release and any disposal of Hazardous Materials required from any thereof, comply and at all times have complied with all Environmental Laws except for any non-compliance that would not reasonably be expected to be filed by have a Material Adverse Effect. There is no condition on any of such properties which is in violation of any Environmental Laws and no Credit Party has received any communication from or on behalf of any Credit Party under governmental authority that any applicable Environmental Law such condition exists which would reasonably be expected to have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party;a Material Adverse Effect. (d) There has been no material environmental investigation, study, audit, test, review or other analysis conducted of which any Credit Party has knowledge in relation to the current or prior business of such Credit Party or any property or facility now owned or previously owned, leased or operated by any Credit Party and, which has not been delivered to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, claims under CERCLA;Agent. (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit PartyParty and for which such Credit Party would have liability under Environmental Law.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth disclosed on Schedule 3.17any Environmental Assessments: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now of the Projects except those that are both (i) in material compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in amounts not in excess of that necessary to operate the applicable Project for the purposes set forth herein or previously ownedin amounts used in the Ordinary Course of Business, leased or operated (B) in amounts permitted under applicable Environmental Laws or disclosed to and approved by Agent nor have any Credit Party Hazardous Materials been or have been released are threatened to be Released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties the Projects in a manner that would require the taking of any action under any Environmental Law to avoid a Material Adverse Effect and have given rise to, or could would reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties Borrowers, Operator or Manager in excess of $50,000. No 250,000; and no portion of any such property Project is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no Credit Party knows of, nor has received, any written notice or other communication from any Person relating to Hazardous Materials in, on, under or from any Project that have not been removed or remediated and, to Borrowers’ knowledge, no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pendingpending or, or to Borrowersuch Credit Party’s knowledge, threatened in writing by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental LawLaw with respect to the Project, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business in connection with the Project or to comply with the terms and conditions thereofthereof resulting in a violation of Environmental Law, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials that have not been removed or remediated resulting in a violation of Environmental Law, or (iv) release Release of Hazardous MaterialsMaterials resulting in a violation of Environmental Law; (c) to the knowledge of each Borrower, all oral or written notifications of a release Release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law with respect to the Project have been filed or are in the process of being timely filed or contested by or on behalf of the applicable Credit Party; (d) no property now owned owned, leased or leased managed by any Credit Party and, to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, Borrower is listed or, to such Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of such Borrower, other investigations which may lead to claims against any Credit Party Borrowers, Operator or Manager for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or to Borrower’s knowledge that are leaking or disposing of Hazardous MaterialsMaterials in violation of Environmental Law; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned owned, leased or leased managed by any Credit Party, and and, to the knowledge of such Borrower, no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, or are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.17, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17: (a) to Borrower’s knowledge, no No Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or which could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000have a Material Adverse Effect. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law Law, which could reasonably be expected to have a Material Adverse Effect, nor is any such property affected by any Hazardous Materials Contamination;Contamination which, in the case of any of the foregoing, would reasonably be expected to have a Material Adverse Effect. (b) no No underground storage tanks are located on any properties now or previously owned, leased or operated by any Credit Party, or were located on any such property and subsequently removed or filled, which would reasonably be expect to have a Material Adverse Effect. (c) No notice, notification, demand, request for information, complaint, citation, summons, complaint investigation, administrative order, consent order and agreement, litigation or order has been issuedsettlement with respect to Hazardous Materials or Hazardous Materials Contamination is in existence or, to any Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledgeproposed, threatened by any Governmental Authority or other Person anticipated with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required or in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal operation of any Hazardous Materials properties now or (iv) release previously owned, leased or operated by any Credit Party, which, in the case of Hazardous Materials; (c) any of the foregoing, would reasonably be expected to the knowledge of Borrowerhave a Material Adverse Effect. All such properties and their existing and prior uses, all oral or written notifications of a release and any disposal of Hazardous Materials required from any thereof, comply and at all times have complied with all Environmental Laws except for any non-compliance that would not reasonably be expected to be filed by have a Material Adverse Effect. There is no condition on any of such properties which is in violation of any Environmental Laws and no Credit Party has received any communication from or on behalf of any Credit Party under governmental authority that any applicable Environmental Law such condition exists which would reasonably be expected to have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party;a Material Adverse Effect. (d) There has been no material environmental investigation, study, audit, test, review or other analysis conducted of which any Credit Party has knowledge in relation to the current or prior business of such Credit Party or any property or facility now owned or previously owned, leased or operated by any Credit Party and, which has not been delivered to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, claims under CERCLA;Agent. (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit PartyParty and for which such Credit Party would have liability under Environmental Law.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18 or as disclosed on any Environmental Assessments: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now of the Projects except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in amounts not in excess of that necessary to operate the applicable Project for the purposes set forth herein or previously ownedin amounts used in the Ordinary Course of Business, leased or operated (B) fully disclosed to and approved by Agent nor have any Credit Party Hazardous Materials been or have been released are threatened to be Released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties the Projects in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No ; and no portion of any such property Project is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no Credit Party knows of, nor has received, any written or oral notice from any Person relating to Hazardous Materials in, on, under or from any Project and no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrowereach Credit Party’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release Release of Hazardous Materials; (c) to the knowledge of each Borrower, all oral or written notifications of a release Release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of each Borrower, no such property previously owned or leased by any Credit Party, to which any Credit CHICAGO/#2321168.11 Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to such Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of such Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and; (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of such Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.17, ; and (g) each Credit Party shall be deemed Borrower has truthfully and fully provided to include any business or business entity (including a corporation) which isAgent, in whole writing, any and all information relating to environmental conditions in, on, under or from the Projects, known to each Borrower or contained in parteach Borrower’s files and records, a predecessor including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Projects and/or to the environmental condition of such Credit Partythe Projects.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.19: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to such Borrower’s knowledge, threatened to or against any Credit Party or any Credit Party’s real or personal property (now owned or leased or previously owned or leased) by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits under any Environmental Law or relating to any Hazardous Materials required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials;Materials in each case where the notice, notification, demand, request for information, citation, summons, complaint or order could be reasonably expected to have a Materially Adverse Effect; and (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (db) no property now owned or leased by any Credit Party and, to the knowledge of each Borrower, no such property previously owned or leased by any Credit Party, on which any Credit Party has generated, stored or disposed of or to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to such Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of Borrower, or other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.19, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18 on the Closing Date: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrowersuch Credit Party’s knowledge, threatened in writing by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials;, in each case except where the failure to obtain such document would not reasonably be expected to have a Material Adverse Effect; and (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (db) no property now owned or leased by any Credit Party and, to the knowledge of Borrowereach Credit Party, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous MaterialsMaterials in violation of any applicable Law, is listed or, to Borrowersuch Credit Party’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of Borrowersuch Credit Party, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, which claims would reasonably be expected to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liensa Material Adverse Effect. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could would reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No 250,000; and no portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to such Borrower’s 's knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials; (c) to the knowledge of such Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of such Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to such Borrower’s 's knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of such Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of such Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to such Borrower’s knowledge, threatened to or against any Credit Party or any Credit Party’s real or personal property (now owned or leased or previously owned or leased) by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits under any Environmental Law or relating to any Hazardous Materials required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials;; and (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (db) no property now owned or leased by any Credit Party and, to the knowledge of each Borrower, no such property previously owned or leased by any Credit Party, on which any Credit Party has generated, stored or disposed of or to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to such Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of Borrower, or other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. (a) Except in each case as set forth on Schedule 3.17: 3.18, (ai) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation Remediation costs and expenses on the part of the Credit Parties in excess of $50,000250,000. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination;; and (ii) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party. (b) no Except in each case as set forth on Schedule 3.18, notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials or (iv) release of Hazardous Materials;. (c) to the knowledge of BorrowerExcept in each case as set forth on Schedule 3.18, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, claims under CERCLA;. (ed) Except in each case as set forth on Schedule 3.18, there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of releasing Hazardous Materials; and. (fe) Except in each case as set forth on Schedule 3.18, there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Credit and Security Agreement 24 Except in each case as set forth on Schedule 3.173.18 or as would no reasonably be expected to result in a Material Adverse Effect: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to such Borrower’s 's knowledge, threatened to or against any Credit Party or any Credit Party's real or personal property (now owned or leased or previously owned or leased) by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits under any Environmental Law or relating to any Hazardous Materials required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials;; and (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (db) no property now owned or leased by any Credit Party and, to the knowledge of each Borrower, no such property previously owned or leased by any Credit Party, on which any Credit Party has generated, stored or disposed of or to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to such Borrower’s 's knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of Borrower, or other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) to Borrower’s Borrowers’ knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and/or violate such Environmental Laws and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000100,000.00. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no written notice, written notification, written demand, written request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to such Borrower’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials or (iv) release of Hazardous Materials; (c) to the knowledge of such Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) to the knowledge of Borrowers, no property now owned or leased by any Credit Party and, to the knowledge of Borrower, no such property or previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed oris, to such Borrower’s knowledge, listed or proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of such Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, claims under CERCLA; (e) to Borrowers’ knowledge there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to Materials in violation of any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such LiensLaw. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No 75,000; and no portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials ContaminationLaw; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to such Borrower’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits under any Environmental Law or relating to any Hazardous Materials required in connection with the conduct of its business or alleged failure to comply with the terms and conditions thereofof any such Permits, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials by any Credit Party, or (iv) release of Hazardous MaterialsMaterials by any Credit Party; (c) to the knowledge of Borrowerthe Borrowers, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of each Borrower, no such property previously owned or leased by any Credit Party, on which any Credit Party has generated, stored or disposed of or to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to such Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions under Environmental Laws or, to the knowledge of such Borrower, other investigations which may reasonably be believed to lead to claims in excess of $75,000 against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, including claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of BorrowerBorrowers, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18 on the Closing Date and except with respect to any other matters that, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party has failed to comply with any Environmental Law or have been released into the environmentto obtain, maintain or depositedcomply with any permit, discharged, placed license or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action other approval required under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials ContaminationLaw; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrowersuch Credit Party’s knowledge, threatened in writing by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials;; and (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d1) no property now owned or leased by any Credit Party and, (2) to the knowledge of Borrowereach Credit Party, no such property previously owned or leased by any Credit Party, and (3) to the knowledge of each Credit Party, no property to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, Materials is listed or, to Borrowersuch Credit Party’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of Borrowersuch Credit Party, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now of the Projects except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in amounts not in excess of that necessary to operate the applicable Project for the purposes set forth herein or previously ownedin amounts used in the ordinary course of business, leased or operated (B) fully disclosed to and approved by any Credit Party Administrative Agent; to Borrower's knowledge, Hazardous Materials have not been Released or have been released threatened to be Released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties the Projects in a manner that would require the taking of any action under any Environmental Law and that have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties any Borrower in excess of $50,000. No 250,000; and no portion of any such property Project is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor in any material respect nor, to Borrower's knowledge, is any such property affected by any Hazardous Materials Contamination; (b) no Borrower knows of, nor has received, any written notice from any Person relating to Hazardous Materials in, on, under or from any Project and no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to each Borrower’s 's knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party Borrower of any Environmental Law, (ii) alleged failure by any Credit Party Borrower to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release Release of Hazardous Materials; (c) to the best knowledge of each Borrower, all oral or written notifications of a release Release of Hazardous Materials required to be filed by or on behalf of any Credit Party Borrower under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit PartyBorrower; (d) to each Credit Party's best knowledge, no property now owned or leased by any Credit Party and, to the knowledge of Borrower, Borrower and no such property previously owned or leased by any Credit PartyBorrower, to which any Credit Party Borrower has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledge, or proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of such Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) to each Credit Party's best knowledge, after reasonable investigation, there are no underground storage tanks located on any property owned or, or to Borrower’s knowledge, be owned or leased by any Credit Party Borrower that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and; (f) to each Credit Party's best knowledge, after reasonable investigation, there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit PartyBorrower, and no actions by any Governmental Authority have been taken or, to the knowledge of such Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.17; and (g) to each Borrower's best knowledge, after reasonable investigation, each Credit Party shall be deemed Borrower has truthfully and fully provided to include any business or business entity (including a corporation) which isAdministrative Agent, in whole writing, any and all information relating to environmental conditions in, on, under or from the Projects, known to each Borrower or contained in parteach Borrower's files and records, a predecessor including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Projects and/or to the environmental condition of such Credit Partythe Projects.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case (x) as set forth on Schedule 3.173.18, (y) as disclosed on any Environmental Assessments, or (z) except as could not individually or in the aggregate, reasonably be expected to have a Material Adverse Effect: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now of the Projects except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in amounts not in excess of that necessary to operate the applicable Project for the purposes set forth herein or previously ownedin amounts used in the Ordinary Course of Business, leased or operated (B) fully disclosed to and approved by Agent in Agent’s good faith credit judgment nor have any Credit Party Hazardous Materials been or have been released are threatened to be Released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties the Projects in a manner that would require the taking of any action under any Environmental Law Law; and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No no portion of any such property Project is being used, or, to the knowledge of BorrowerBorrowers’ knowledge, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no Borrower knows of, nor has received, any written or oral notice or other communication from any Person relating to Hazardous Materials in, on, under or from any Project which is in violation of any Environmental Law and no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to each Borrower’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party Borrower of any Environmental Law, (ii) alleged failure by any Credit Party Borrower to have any Permits required in connection with the conduct of its business at any Project or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials in violation of any Environmental Laws, or (iv) release Release of Hazardous MaterialsMaterials at any Project; (c) to the knowledge of each Borrower, all oral or written notifications of a release Release of Hazardous Materials at any Project required to be filed by or on behalf of any Credit Party Borrower under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit PartyBorrower; (d) no property Project now owned or leased by any Credit Party Borrower or Operator and, to the knowledge of each Borrower, no such property Project previously owned or leased by any Credit PartyBorrower or Operator, to which any Credit Party Borrower or Operator has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to such Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of such Borrower, other investigations which may lead to claims against any Credit Party Borrower for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA;; CHICAGO/#2502765.12 (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party Project that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and; (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit PartyProject, and no actions by any Governmental Authority have been taken or, to the knowledge of such Borrower, are in process which could subject any of such properties or assets Project to such Liens. For purposes of this Section 3.17, ; and (g) each Credit Party shall be deemed Borrower has truthfully and fully provided to include any business or business entity (including a corporation) which isAgent, in whole writing, any and all information relating to environmental conditions in, on, under or from the Projects for the three (3) years preceding the Closing Date, known to such Borrower or contained in partsuch Borrower’s files and records, a predecessor including but not limited to any reports relating to Hazardous Materials in, on, under or migrating to or from the Projects and/or to the environmental condition of such Credit Partythe Projects.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) no written or, to Borrowerany Credit Party’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint complaint, claim, action or order has been issued, to Borrower’s knowledge, no complaint has been received or filed, no penalty has been assessed and no investigation or review is pending, or to Borrowersuch Credit Party’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of, or liability of any Credit Party under, any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials; (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (db) no property Property now owned or leased by any Credit Party and, to the knowledge of Borrowereach Credit Party, no such property Property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrowersuch Credit Party’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of Borrowersuch Credit Party, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA. (c) each Credit Party is and has been in compliance with Environmental Laws and all Permits required under Environmental Laws, except where noncompliance with such Environmental Laws or Permits would not reasonably be expected to have a Material Adverse Effect; (d) there has been no release, treatment, storage, disposal, arrangement for or permitting the disposal, transportation or handling of, contamination by, or exposure to, any Hazardous Materials, except for where such conduct would not reasonably be expected to have a Material Adverse Effect; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered has assumed, undertaken, provided an indemnity with respect to or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, otherwise become subject to the knowledge liability of Borrower, are in process which could subject any of other Person under Environmental Law or relating to Hazardous Materials where such properties indemnity or assets liability would not reasonably be expected to such Lienshave a Material Adverse Effect. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth provided on Schedule 3.17SCHEDULE 5.19 or other non-compliances which could not reasonably be expected to have a Material Adverse Effect: (a) to Borrower’s knowledgeOther than generation in compliance with all applicable Environmental Laws, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any the Credit Party Parties or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000properties. No portion of any such property is being usedused for the disposal, orstorage, treatment, processing or other handling of Hazardous Materials (other than processing or handling incidental to the knowledge generation of BorrowerHazardous Materials in compliance with all applicable Environmental Laws), has been nor is any such property affected by any Hazardous Materials Contamination. (b) Other than generation in compliance with all applicable Environmental Laws, during any period of ownership, operation, possession or control thereof by any Credit Party, no Hazardous Materials were located on any properties previously owned, leased or operated by any Credit Party or were released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties. No portion of any such property was used at during any previous timeperiod of ownership, operation, possession or control thereof by any Credit Party, for the disposal, storage, treatment, processing or other handling of Hazardous Materials (other than processing or handling incidental to the generation of Hazardous Materials in violation of any compliance with all applicable Environmental Law Laws), nor is any such property property, to the knowledge of any Credit Party, affected by any Hazardous Materials Contamination;. (bc) no No asbestos or asbestos-containing materials are present on any of the properties now owned, leased or operated by any Credit Party. (d) No asbestos or asbestos-containing materials were present, during any period of ownership, operation, possession or control thereof by any Credit Party, on any of the properties previously owned, leased or operated by a Credit Party. (e) No polychlorinated biphenyls are located on or in any properties now owned, leased or operated by any Credit Party, in the form of electrical transformers, fluorescent light fixtures with ballasts, cooling oils or any other device or form. (f) No polychlorinated biphenyls were, during any period of ownership, operation, possession or control thereof by any Credit Party, located on or in any properties previously owned, leased or operated by any Credit Party, in the form of electrical transformers, fluorescent light fixtures with ballasts, cooling oils or any other device or form. (g) No underground storage tanks are located on any properties now owned, leased or operated by any Credit Party, or were located on any such property and subsequently removed or filled. (h) No underground storage tanks were, during any period of ownership, operation, possession or control thereof by any Credit Party, located on any properties previously owned, leased or operated by any Credit Party, or were, during any period of ownership, operation, possession or control thereof by any Credit Party, located on any such property and subsequently removed or filled. (i) No notice, notification, demand, request for information, complaint, citation, summons, complaint investigation, administrative order, consent order and agreement, litigation or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledge, threatened by any Governmental Authority or other Person settlement with respect to any (i) alleged violation by any Credit Party of any Environmental LawHazardous Materials or Hazardous Materials Contamination has been served upon or is otherwise know to or, (ii) alleged failure by any Credit Party to have any Permits required the Holding Company's or the Company's knowledge, is proposed, threatened or anticipated with respect to or in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal operation of any Hazardous Materials properties now owned, leased or (iv) release of operated by any Credit Party. All such properties and their existing and prior uses comply and at all times have complied with any applicable governmental requirements relating to environmental matters or Hazardous Materials; (c) . There is no condition on any of such properties which is in violation of any applicable governmental requirements relating to the knowledge of BorrowerHazardous Materials, all oral or written notifications of a release of Hazardous Materials required to be filed by and no Credit Party has received any communication from or on behalf of any Credit Party under governmental authority that any applicable Environmental Law have been filed or are in the process such condition exists. None of being timely filed by or on behalf of the applicable Credit Party; (d) no such properties nor any property now owned or leased by any Credit Party and, to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, material is listed or, to Borrower’s the Holding Company's or the Company's knowledge, proposed for listing, listing on the National Priorities List promulgated pursuant to CERCLA, or on CERCLIS (as defined in CERCLA) or on any similar state list or is the subject of Federalfederal, state or local enforcement actions orforeign list of sites requiring investigation or cleanup, nor, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costsParty, remedial work, damage is any such property anticipated or threatened to natural resources or personal injury claims, including, but not limited to, claims under CERCLA;be placed on any such list. (ej) there are no underground storage tanks located on any property owned No notice, notification, demand, request for information, complaint, citation, summons, investigation, administrative order, consent order and agreement, litigation or settlement with respect to Hazardous Materials or Hazardous Materials Contamination has been served upon or is otherwise known to or, to Borrower’s any Credit Party's knowledge, is proposed, threatened or anticipated with respect to or in connection with the operation of any properties previously owned, leased or operated by any Credit Party that are not properly registered and relating to any period of ownership, operation, possession or permitted under control thereof by any Credit Party. All such properties and their prior uses by any Credit Party at all times complied with any applicable Environmental Laws governmental requirements relating to environmental matters or that are leaking or disposing of Hazardous Materials; and (f) there are . There is no Liens under or pursuant to condition on any of such properties which is in violation of any applicable Environmental Laws on governmental requirements relating to Hazardous Materials and arising from any real property use of such properties during any period of ownership, operation, possession or other assets owned or leased control thereof by any Credit Party, and no actions by Credit Party has received any Governmental Authority have been taken communication from or on behalf of any governmental authority that any such condition exists. None of such properties nor any property to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any material is listed or, to any Credit Party's knowledge, proposed for listing on the National Priorities List promulgated pursuant to CERCLA, on CERCLIS (as defined in CERCLA) or on any similar federal, state or foreign list of sites requiring investigation or cleanup, nor, to the knowledge of Borrowerany Credit Party, are is any such property anticipated or threatened to be placed on any such list. (k) There has been no environmental investigation, study, audit, test, review or other analysis conducted of which any Credit Party has knowledge in process relation to the current or prior business of any Credit Party or any property or facility now or previously owned, leased or operated by any Credit Party which could subject any of such properties or assets has not been delivered to such Liens. the Lenders at least five days prior to the Closing Date. (1) For purposes of this Section 3.175.19, each the terms "Company" and "Subsidiary" or "Credit Party Party" shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such the Company or any Subsidiary or any Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17the Information Certificate: (a) to Borrower’s knowledge, no No Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner (i) that would require the taking of any action under any Environmental Law and have given rise to, or (ii) which could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000have a Material Adverse Effect. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination;. (b) no No underground storage tanks are located on any properties now or previously owned, leased or operated by any Credit Party, or were located on any such property and subsequently removed or filled. (c) No notice, notification, demand, request for information, complaint, citation, summons, complaint investigation, administrative order, consent order and agreement, litigation or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledge, threatened by any Governmental Authority or other Person settlement with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials or (iv) release of Hazardous Materials; (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are Contamination is in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed existence or, to Borrower’s knowledge, proposed for listingproposed, threatened or anticipated with respect to or in connection with the operation of any properties now or previously owned, leased or operated by any Credit Party. All such properties and their existing and prior uses, and any disposal of Hazardous Materials from any thereof, comply and at all times have complied with all Environmental Laws. There is no condition on any of such properties which is in violation of any Environmental Laws and no Credit Party has received any communication from or on behalf of any governmental authority that any such condition exists. (d) There has been no environmental investigation, study, audit, test, review or other analysis conducted of which Borrower has knowledge in relation to the National Priorities List promulgated pursuant to CERCLA, current or CERCLIS (as defined in CERCLA) prior business of Borrower or any similar state list property or is the subject of Federalfacility now or previously owned, state leased or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against operated by any Credit Party for clean-up costs, remedial work, damage which has not been delivered to natural resources or personal injury claims, including, but not limited to, claims under CERCLA;Agent. (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party. (f) Notwithstanding anything to the contrary in this Section 3.18, the representations made in this Section 3.18 (other than in Section 3.18(a)(ii)) shall only be untrue if the effect of the failures, non-compliance or other circumstances of the types described therein, either individually or in aggregate, could reasonably be expected to have a Material Adverse Effect.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses 3.18 on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) Closing Date: no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrowersuch Credit Party’s knowledge, threatened in writing by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials; (c) , in each case except where the failure to the knowledge of Borrower, all oral or written notifications of obtain such document would not reasonably be expected to have a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) Material Adverse Effect; and no property now owned or leased by any Credit Party and, to the knowledge of Borrowereach Credit Party, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous MaterialsMaterials in violation of any applicable Law, is listed or, to Borrowersuch Credit Party’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of Borrowersuch Credit MidCap / ATEC / Credit, Security and Guaranty Agreement Party, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, which claims would reasonably be expected to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liensa Material Adverse Effect. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000100,000. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials or (iv) release of Hazardous Materials; (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17the Information Certificate: (a) to Borrower’s knowledge, no No Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or which could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000have a Material Adverse Effect. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination;. (b) no No underground storage tanks are located on any properties now or previously owned, leased or operated by any Credit Party, or were located on any such property and subsequently removed or filled. (c) No notice, notification, demand, request for information, complaint, citation, summons, complaint investigation, administrative order, consent order and agreement, litigation or order has been issuedsettlement with respect to Hazardous Materials or Hazardous Materials Contamination is in existence or, to Borrower’s 's knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s knowledgeproposed, threatened by any Governmental Authority or other Person anticipated with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required or in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal operation of any Hazardous Materials properties now or (iv) release of Hazardous Materials; (c) to the knowledge of Borrowerpreviously owned, all oral leased or written notifications of a release operated by any Credit Party. All such properties and their existing and prior uses, and any disposal of Hazardous Materials required to be filed by from any thereof, comply and at all times have complied with all Environmental Laws. There is no condition on any of such properties which is in violation of any Environmental Laws and no Credit Party has received any communication from or on behalf of any Credit Party under governmental authority that any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party;such condition exists. (d) There has been no environmental investigation, study, audit, test, review or other analysis conducted of which Borrower has knowledge in relation to the current or prior business of Borrower or any property or facility now owned or previously owned, leased or operated by any Credit Party and, which has not been delivered to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited to, claims under CERCLA;Agent. (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.17, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.17: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s the Borrowers’ knowledge, threatened to or against the Borrowers real or personal property (now owned or leased or previously owned or leased) by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party the Borrowers of any Environmental Law, (ii) alleged failure by any Credit Party the Borrowers to have any Permits under any Environmental Law or relating to any Hazardous Materials required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous MaterialsMaterials in each case where the notice, notification, demand, request for information, citation, summons, complaint or order could be reasonably expected to have a Materially Adverse Effect; (cb) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no No property now owned or leased by any Credit Party the Borrowers and, to the knowledge of each Borrower, no such property previously owned or leased by any Credit Partythe Borrowers, on which the Borrowers have generated, stored or disposed of or to which any Credit Party hasthe Borrowers have, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s the Borrowers’ knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federalfederal, state or local enforcement actions or, to the knowledge of Borrower, or other investigations which may lead to claims against any Credit Party the Borrowers for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.17, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case as set forth on Schedule 3.173.18, to the best of Borrower's knowledge: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000250,000. No portion of any such property is being used, or, to the knowledge of Borrower, or has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to Borrower’s 's knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party of any Environmental Law, (ii) alleged failure by any Credit Party to have any Permits required in connection with the conduct of its business or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials Materials, or (iv) release of Hazardous Materials; (c) to the knowledge of Borrower, all oral or written notifications of a release of Hazardous Materials required to be filed by or on behalf of any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party; (d) no property now owned or leased by any Credit Party and, to the knowledge of Borrower, no such property previously owned or leased by any Credit Party, to which any Credit Party has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to Borrower’s 's knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of Borrower, other investigations which may lead to claims against any Credit Party for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, or leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process threatened, which could subject any of such properties or assets to such Liens. For purposes of this Section 3.173.18, each Credit Party shall be deemed to include any business or business entity (including a corporation) which that is, in whole or in part, a predecessor of such Credit Party.

Compliance with Environmental Requirements; No Hazardous Materials. Except in each case (x) as set forth on Schedule 3.173.18, (y) as disclosed on any Environmental Assessments, or (z) except as could not individually or in the aggregate, reasonably be expected to have a Material Adverse Effect: (a) to Borrower’s knowledge, no Hazardous Materials are located on any properties now or previously owned, leased or operated by any Credit Party or have been released into the environment, or deposited, discharged, placed or disposed of at, on, under or near any of such properties in a manner that would require the taking of any action under any Environmental Law and have given rise to, or could reasonably be expected to give rise to, remediation costs and expenses on the part of the Credit Parties in excess of $50,000. No portion of any such property is being used, or, to the knowledge of Borrower, has been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Materials in violation of any Environmental Law nor is any such property affected by any Hazardous Materials Contamination; (b) no notice, notification, demand, request for information, citation, summons, complaint or order has been issued, to Borrower’s knowledge, no complaint has been filed, no penalty has been assessed and no investigation or review is pending, or to each Borrower’s knowledge, threatened by any Governmental Authority or other Person with respect to any (i) alleged violation by any Credit Party Borrower of any Environmental Law, (ii) alleged failure by any Credit Party Borrower to have any Permits required in connection with the conduct of its business at any Project or to comply with the terms and conditions thereof, (iii) any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Materials in violation of any Environmental Laws, or (iv) release of Hazardous Materials; (c) to the knowledge of Borrower, all oral or written notifications of a release Release of Hazardous Materials required to be filed by or on behalf of at any Credit Party under any applicable Environmental Law have been filed or are in the process of being timely filed by or on behalf of the applicable Credit Party;Project; and (db) no property Project now owned or leased by any Credit Party Borrower and, to the knowledge of any Borrower, no such property Project previously owned or leased by any Credit PartyBorrower, to which any Credit Party Borrower has, directly or indirectly, transported or arranged for the transportation of any Hazardous Materials, is listed or, to such Borrower’s knowledge, proposed for listing, on the National Priorities List promulgated pursuant to CERCLA, or CERCLIS (as defined in CERCLA) or any similar state list or is the subject of Federal, state or local enforcement actions or, to the knowledge of such Borrower, other investigations which may lead to claims against any Credit Party Borrower for clean-up costs, remedial work, damage to natural resources or personal injury claims, including, but not limited towithout limitation, claims under CERCLA; (e) there are no underground storage tanks located on any property owned or, to Borrower’s knowledge, leased by any Credit Party that are not properly registered or permitted under applicable Environmental Laws or that are leaking or disposing of Hazardous Materials; and (f) there are no Liens under or pursuant to any applicable Environmental Laws on any real property or other assets owned or leased by any Credit Party, and no actions by any Governmental Authority have been taken or, to the knowledge of Borrower, are in process which could subject any of such properties or assets to such Liens. For purposes of this Section 3.17, each Credit Party shall be deemed to include any business or business entity (including a corporation) which is, in whole or in part, a predecessor of such Credit Party.