Environment. Borrower and the Guarantors have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) surface water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantors. Neither Borrower nor any of the Guarantors have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial condition.
Appears in 2 contracts
Samples: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc)
Environment. Borrower Each Obligor has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that such violations would not have a material adverse effect upon its business. Each Obligor has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have No Obligor has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities, except to the extent that such violations would not have a material adverse effect upon its business. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of each Obligor is free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower any Obligor or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of the Guarantors have No Obligor has any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 2 contracts
Samples: Loan Agreement (Sb Merger Corp), Loan Agreement (Dynagen Inc)
Environment. Borrower and the Guarantors Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) emissions; (b2) discharges to surface service water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils; (iii3) surface service water or groundwater; (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no such property has the premises of Borrower and Borrower's Subsidiaries have not been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors Borrower's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of the GuarantorsBorrower's Subsidiaries. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.124.14, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, liability would have a material adverse effect on Borrower's consolidated operations, business or financial condition.
Appears in 1 contract
Environment. Each Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors have provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Each Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of each Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting each Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor has any of the Guarantors have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Samples: Loan and Security Agreement (Ild Telecommunications Inc)
Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors have provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of the Guarantors does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors have provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, to Borrower's knowledge, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of the Guarantors does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Samples: Loan Agreement (Metrisa Inc)
Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors have provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have received notice of, or has actual knowledge of any material knows of, or suspects facts which might constituteany violations of any federal, state or local 6 7 environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of the Guarantors does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance in all material respects with, the Guarantors have provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have received notice of, or has actual knowledge of does not know of, and does not have reason to believe that facts exists which would reasonably be expected to constitute, any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no such property has been adversely affected, in the premises of Borrower are free of any material respect, by any amount of such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities in any material respect. The representations in the preceding two sentences are made to the best of Borrower's knowledge, information and belief, with no special diligence in preparation for the execution of this Agreement; provided, however, should any of such representations prove false in any material respect as to impose a material liability upon Borrower, the Guarantorsrepresentation shall be deemed breached for the purpose of establishing a default under this Agreement. Neither Borrower nor any of the Guarantors does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Samples: Loan Agreement (American Consolidated Laboratories Inc)
Environment. Borrower has duly complied with, and its business, ----------- operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a Material Adverse Effect. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower's consolidated operations, business or financial conditionMaterial Adverse Effect. Neither Borrower nor any of the Guarantors have has not received notice of, or has actual knowledge of any knows of, facts which might reasonably be deemed to constitute a material violations violation of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the knowledge of Borrower, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property any premises owned or leased by Borrower in connection with the operation of its business. Borrower has been adversely affected, in not received any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of the Guarantors have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Samples: Loan Agreement (Radiant Systems Inc)
Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors have provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To Borrower's knowledge, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of the Guarantors does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Samples: Loan Agreement (Online Resources & Communications Corp)
Environment. Borrower and the Guarantors Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) emissions; (b2) discharges to surface service water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils; (iii3) surface service water or groundwater; (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no such property has the premises of Borrower and Borrower's Subsidiaries have not been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors Borrower's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of the GuarantorsBorrower's Subsidiaries. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.124.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, liability would have a material adverse effect on Borrower's consolidated operations, business or financial condition.
Appears in 1 contract
Samples: Revolving Credit Loan Agreement (M I Schottenstein Homes Inc)
Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors applicable provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to so comply would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower's consolidated operations, business or financial conditionits business. Neither Borrower nor any of the Guarantors have has not received notice of, or has actual knowledge and is not otherwise aware of any facts which constitute material violations of any applicable federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to Borrower's businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except In connection with property owned or leased by Borrower, and except in accordance with a valid governmental permit, license, certificate or approval, there has not been no material (during the period of Borrower's ownership or lease thereof) any emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property the premises. Borrower has been adversely affected, in not received any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity against or respecting Borrower with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of the Guarantors have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Environment. Borrower and NFI have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower and NFI have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors NFI have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to their businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the best knowledge of Borrower and NFI, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from the premises; and, to the best knowledge of Borrower and NFI, accordingly the premises of Borrower and NFI are free of all such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There To the best knowledge of Borrower and NFI, there has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower, NFI or their businesses, operations, assets, equipment, property, leaseholds or other facilities. To the best knowledge of Borrower or any of the Guarantors. Neither and NFI, neither Borrower nor NFI has any of the Guarantors have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health 9 or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower's consolidated operations, business or financial conditionits business. Neither Borrower nor any of the Guarantors have has not received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there Borrower has been made no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesthe premises. There To Borrower's knowledge there has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity to Borrower or with respect to material violations of law or damages by reason of which Borrower or the Guarantors is an interested party with respect to (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Except with respect to normal office refuse and routine cleaning materials, Borrower nor any of the Guarantors have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Environment. Borrower M-TRON and each of its Subsidiaries have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors provisions of all federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, the failure of compliance with which would reasonably be anticipated to result in a Material Adverse Effect. M-TRON and each of its Subsidiaries have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a) air emissions; (b) discharges to surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f) other environmental, health or safety matters. A true, except to the extent the failure to have any accurate and complete list of all such permitpermits, licenselicenses, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial conditioncertificates and approvals is attached hereto as Schedule 4.15. Neither Borrower M-TRON nor any of the Guarantors have its Subsidiaries has received notice of, or has actual knowledge knows of facts which constitute any material violations of of, any federal, state or local 15 environmental, health or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalapproval listed in Schedule 4.15, there has been no material emission, spill, release or discharge into or upon (ia) the air; (iib) soils, or any improvements located thereon; (iiic) surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no except for inventory of raw materials, supplies, work in progress and finished goods listed in Schedule 4.15 that is to be used or sold in the ordinary course of business, the premises of M-TRON and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1a) air emissions; (2b) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6f) other environmental, health or safety matters affecting Borrower M-TRON, its Subsidiaries or any of the Guarantorstheir respective business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower M-TRON nor any of the Guarantors have its Subsidiaries has any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation or liability shall be deemed material ifwith respect to any current regulation, law or statute regarding such storage, treatment, cleanup or disposal) which is not shown on Schedule 4.15. Set forth in Schedule 4.15 is a list of all real property owned or leased by M-TRON and Subsidiaries at any time since June 30, 1999, wherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditionlocation.
Appears in 1 contract
Samples: Loan Agreement (LGL Group Inc)
Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower's consolidated operations, business or financial conditionits business. Neither Borrower nor any of the Guarantors have has not received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, to the best of Borrower's knowledge, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of the Guarantors have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Samples: Loan Agreement (Data National Corp)
Environment. Each Borrower to the best of its knowledge has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors have provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder except for incidental incidences of non-compliance of which Borrowers are unaware. Each Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) surface water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils surface water or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premisesgroundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (6) other environmental, health or safety matters affecting matters. No Borrower has received notice of, or knows of facts which might constitute any violations of the Guarantors. Neither Borrower nor any of the Guarantors have federal, state or local environmental, health or safety laws, codes or ordinances, and any material indebtedness, obligation rules or liability, absolute or contingent, matured or unmatured, regulations promulgated thereunder with respect to the storageits businesses, treatmentoperations, cleanup or disposal of any solid wasteassets, hazardous wastesequipment, property, leaseholds, or other toxic facilities. Except in accordance with all applicable laws, codes and ordinances and rules and regulations promulgated thereunder, or hazardous substances. For purposes of this subsection 4.12a valid governmental permit, a violationlicense, certificate or approval, there has been no emission, spill, releaserelease or discharge into or upon (1) the air; (2) soils, dischargeor any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, damageseptic system or waste treatment, adverse effectstorage or disposal system servicing the premises, indebtednessof any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, obligation order, directive, claim, citation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation notice to any Borrower by any governmental authority or liability, in any one case person or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial condition.entity
Appears in 1 contract
Environment. Borrower has duly complied with, and its business, operations. assets, equipment, property, leaseholds or other facilities are in compliance with, the Guarantors applicable provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to so comply would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower's consolidated operations, business or financial conditionits business. Neither Borrower nor any of the Guarantors have has not received notice of, or has actual knowledge and is not otherwise aware of any facts which constitute material violations of any applicable federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to Borrower's businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except In connection with property owned or leased by Borrower, and except in accordance with a valid governmental permit, license, certificate or approval, there has not been no material (during the period of Borrowers ownership or lease thereof) any emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property the premises. Borrower has been adversely affected, in not received any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity against or respecting Borrower with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantors. Neither its business, operations, assets, equipment, property, leaseholds or other facilities Borrower nor any of the Guarantors have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditiondisposal).
Appears in 1 contract
Environment. The Borrower has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the Guarantors have provisions of all Environmental Laws. The Borrower has been issued and will maintain all required federalFederal, state, and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic Hazardous Substances (intended hereby and hereafter to include any and all such materials listed in any Federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous substances or hazardous wastespotentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . The Borrower has not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors have received notice of, nor knows of, or has actual knowledge of suspects, facts which might constitute any material violations of any federalEnvironmental Laws with respect to its businesses, state operations, assets, equipment, property, leaseholds, or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunderother facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approval, to the best of Borrower’s knowledge there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors Mortgaged Premises, of any toxic or hazardous substances or hazardous wastes Hazardous Substances at or from such propertythe Mortgaged Premises; and accordingly no the Mortgaged Premises of the Borrower is to the best of Borrower’s knowledge free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesHazardous Substances. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1) air emissions; (2) spills, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premisesMortgaged Premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wastesHazardous Substances; or (6) other environmental, health health, or safety matters affecting the Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither The Borrower nor any of the Guarantors have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wasteHazardous Substances (including without limitation any such indebtedness, hazardous wastesobligation, or other toxic liability with respect to any current regulation, law, or hazardous substancesstatute regarding such storage, treatment, cleanup, or disposal). For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation Notwithstanding the foregoing or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or anything in the aggregateother Loan Documents, would have a material adverse effect on Borrower's consolidated operationsthe Lender acknowledges that it is aware of the environmental issues with respect to the Springfield, business or financial conditionMassachusetts property as described in the excerpt from the Form 10-K of the Guarantor attached hereto as Schedule 12.16.
Appears in 1 contract
Samples: Loan and Security Agreement (Smith & Wesson Holding Corp)
Environment. Borrower and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, and other facilities are in compliance with, the Guarantors provisions of all federal, state, and local environmental, health, and safety laws, codes, and ordinances, and all rules and regulations promulgated thereunder. Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (a) air emissions; (b) discharges to surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code, or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or and (f) other environmental, health health, or safety matters. A true, except to the extent the failure to have any accurate, and complete list of all such permitpermits, licenselicenses, certificate or approval would not have a material adverse effect on Borrower's consolidated operationscertificates, business or financial conditionand approvals is annexed hereto as Exhibit H [omitted]. Neither Borrower nor any of the Guarantors have Subsidiary has received notice of, or has actual knowledge knows of or suspects, facts that might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes codes, or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approvalapproval listed in Exhibit H, there has been no material emission, spill, release release, or discharge into or upon (ia) the air; (iib) soils, or any improvements located thereon; (iiic) surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system systems servicing any property of Borrower or any of the Guarantors premises of any toxic or hazardous substances or hazardous wastes at or from the premises; and, accordingly (except for the inventory of raw materials, supplies, work in progress, and finished goods listed in Exhibit I [omitted] annexed hereto that is to be used or sold in the ordinary course of business), Borrower's premises and those of its Subsidiaries are free of all such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors (1a) air emissions; (2b) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6f) other environmental, health health, or safety matters affecting Borrower or any of the Guarantorsits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Borrower nor any of the Guarantors its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal) that is not shown on Exhibit L Set forth in Exhibit J [omitted] annexed hereto is a list of all real property owned or leased by Borrower and its Subsidiaries at any time since [date], wherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial conditionlocation.
Appears in 1 contract
Samples: Promissory Note Agreement (Integrated Environmental Technologies, Ltd.)
Environment. Borrower and the Guarantors Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to surface service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) surface service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors Borrower's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of the GuarantorsBorrower's Subsidiaries. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection Section 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case alone or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial condition.
Appears in 1 contract
Samples: Credit Agreement (Ashton Houston Residential L.L.C.)
Environment. Borrower and the Guarantors Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to surface service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's and its Subsidiaries' consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) surface service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors Borrower's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of the Guarantors. Neither Borrower nor any of the Guarantors have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower's consolidated operations, business or financial condition.of
Appears in 1 contract
Environment. Borrower and the Guarantors Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to surface service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower's consolidated operations, business or financial condition. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) surface service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the Guarantors its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or the Guarantors Borrower's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of the GuarantorsBorrower's Subsidiaries. Neither Borrower nor any of the Guarantors Borrower's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.124.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, liability would have a material adverse effect on Borrower's consolidated operations, business or financial condition.
Appears in 1 contract
