Common use of Environmental and Health and Safety Matters Clause in Contracts

Environmental and Health and Safety Matters. Except ------------------------------------------- for matters which could not reasonably be expected to have a Material Adverse Effect, (i) the operations of any Borrower and each of its Subsidiaries comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of any Borrower or any of its Subsidiaries are subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of any Borrower or any of its Subsidiaries is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of any Borrower or such Subsidiary; (iv) neither any Borrower nor any of its Subsidiaries has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of any Borrower or such Subsidiary; and (v) neither any Borrower nor any of its Subsidiaries has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of any Borrower or such Subsidiary.

Environmental and Health and Safety Matters. Except for ------------------------------------------- for matters which could not reasonably be expected to have a Material Adverse Effect, (i) the operations of any Borrower and each of its Subsidiaries comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of any Borrower or any of its Subsidiaries are subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of any Borrower or any of its Subsidiaries is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of any Borrower or such Subsidiary; (iv) neither any Borrower nor any of its Subsidiaries has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of any Borrower or such Subsidiary; and (v) neither any Borrower nor any of its Subsidiaries has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of any Borrower or such Subsidiary.

Environmental and Health and Safety Matters. Except ------------------------------------------- for matters which could not reasonably be expected as disclosed on Schedule 7.17 attached hereto or in reports listed on Schedule 7.17 and delivered to have a Material Adverse Effect, Bank: (i) the operations of any Borrower and each Subsidiary of its Subsidiaries Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of any Borrower or any Subsidiary of its Subsidiaries Borrower are subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of any Borrower or any Subsidiary of its Subsidiaries Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of any Borrower or such SubsidiarySubsidiary of Borrower; (iv) neither any Borrower nor any Subsidiary of its Subsidiaries Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of any Borrower or such SubsidiarySubsidiary of Borrower; and (v) neither any Borrower nor any Subsidiary of its Subsidiaries Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of any Borrower or such SubsidiarySubsidiary of Borrower.

Environmental and Health and Safety Matters. Except ------------------------------------------- for matters which could not reasonably be expected (a) As used in this Section 2.25(a) and Section 11.1(b) all terms appearing in initial capitals shall have the meaning given them in Section 2.25(b) hereof. With respect to have a Material Adverse Effectthe Business and the Facilities, (i) the operations of any Borrower each Seller and each of its Subsidiaries Subsidiary comply with (A) all applicable environmental, health and safety statutes, treaties, conventions, rules, ordinances, and regulations in all jurisdictions in which each Seller and Subsidiary conducts business, including without limitation all Environmental Laws applicable to the jurisdictions in which operations are conducted and (B) all applicable Occupational Safety and Health Lawssuch operations have not given rise to any Environmental Claims; (ii) none of the operations of any Borrower Seller or any of its Subsidiaries Subsidiary are subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of any Borrower Seller or any of its Subsidiaries is Subsidiary are the subject of any federal or state investigation evaluating whether any remedial action Remedial Action is needed to respond to (A) a Release of any spillage, disposal Contaminant or release other substance into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of any Borrower or such Subsidiaryenvironment; (iv) neither any Borrower nor any of its Subsidiaries no Seller or Subsidiary has filed any notice under any Environmental Law applicable to the jurisdiction in which operations of such Seller or Occupational Safety and Health Law Subsidiary are conducted indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material of a hazardous waste or any other hazardous, toxic or dangerous waste, substance or constituent reporting a Release of a Contaminant or other substance or (B) any unsafe or unhealthful condition at any premises of any Borrower or such Subsidiaryinto the environment; and (v) neither any Borrower nor any of its Subsidiaries no Seller or Subsidiary has any known Environmental Claims asserted against it by any Person or contingent liability in connection with any Release of any Contaminant or other substance into the environment, including without limitation any contingent liability for failure to report a Release; (vi) none of the operations of any Seller or Subsidiary involve the generation, transportation, treatment or disposal of hazardous waste, as defined under Environmental Laws, in violation of any Environmental Law applicable to the jurisdiction in which operations of any Seller or Subsidiary are conducted, including without limitation statutes, regulations and laws pertaining to permits and manifests; (vii) no Seller or Subsidiary has disposed of any hazardous waste, Contaminant or substance or other material by placing it in or on the ground or waters of any premises owned, leased or used by any Seller or Subsidiary in violation of any Environmental Law applicable to the jurisdiction in which operations of any Seller or Subsidiary are conducted nor has any lessee or, to any Sellers’ knowledge, prior owner; (viii) no underground storage tanks or surface impoundments are, on any of the locations upon which the operations of any Seller or Subsidiary are conducted, in violation of any Environmental Law applicable to the jurisdiction in which operations of any Seller or Subsidiary are conducted; (ix) no Lien in favor of any governmental authority for (A) any spillage, disposal liability under Environmental Laws applicable to the jurisdiction in which operations of any Seller or release into the environment of, or otherwise Subsidiary with respect toto the Business are conducted, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) damages arising from or costs incurred by such governmental authority in response to a release of a Contaminant or other substance into the environment has been filed or attached to any unsafe or unhealthful condition at any premises of the assets of any Borrower Seller or such SubsidiarySubsidiary or any of the locations upon which the operations of any Seller or Subsidiary with respect to the Business are conducted; and (x) to any Seller’s knowledge, there has been no Release, the occurrence or existence of which has resulted or may reasonably be expected to result in a condition that is an actual or alleged non-compliance, violation, breach or contravention of any Environmental Laws, originating from any property neighboring or adjoining the Leased Property or the Owned Real Property, that has migrated onto, or is migrating toward, any of the Assets, including the Leased Property and the Owned Real Property.