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

Environmental and Health and Safety Matters. Except for those matters that have not had and would not reasonably be expected to have, individually or in the aggregate, a Purchaser Material Adverse Effect: (i) each of Purchaser and its subsidiaries is, and has been, in compliance with all applicable Environmental Laws (as hereinafter defined), which compliance includes the possession, maintenance, and compliance with all permits, licenses, authorizations or similar approvals required by Environmental Laws and (ii) there is no investigation, suit, claim, action or proceeding pending, or, to the knowledge of Purchaser, threatened against or affecting Purchaser or any of its subsidiaries or any real property owned, operated or leased by Purchaser or any of its subsidiaries relating to or arising under Environmental Laws; (iii) to the knowledge of Purchaser, neither Purchaser nor any of its subsidiaries has received any notice of or entered into or assumed by contract or operation of law or otherwise, any obligation, liability, order, settlement, judgment, injunction or decree relating to or arising under Environmental Laws; (iv) Purchaser is not aware of any facts, circumstances or conditions relating to the operations of Purchaser or any subsidiary or any real property currently or formerly owned, operated or leased by or for Purchaser that could reasonably be expected to result in Purchaser or subsidiaries incurring liabilities, losses or damages under Environmental Laws; (v) the transactions contemplated by this Agreement do not trigger or otherwise require compliance with the Industrial Site Recovery Act, 13 N.J. Sta. Ann.ss.13:1K-6 and (vi) Purchaser has made available to Seller copies xx any environmental, health and safety assessments, audits, investigation or similar reports relating to Purchaser, any subsidiary or any real property owned, operated or leased by Purchaser or any subsidiary. For purposes of this Agreement: "Environmental Laws" means all applicable Laws pertaining to the environment, preservation or reclamation of natural resources, or to human health and safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.ss. 9601 et seq.), the Hazardous Materials Transportation Act (00 X.X.X. App.ss. 1801 et seq.), the Resource Conservation and Recovery Act (42 X.X.X.ss. 6901 et seq.), the Clean Water Act (33 U.S.C.ss. 1251 et sex.), xxx Clean Air Act (42 U.S.C.ss. 7401 et seq.), xxx Xoxic Substances Control Act (15 U.S.C.sx. 0000 et seq.), the Federal Insecticide, Fungicide, and Rodexxxxxxx Act (7 U.S.C.ss. 136 et seq.), and the Occupational Safety and Health Act (20 X.X.X.ss. 651 et seq.), as each has been amended and the regulations xxxxxxxxted pursuant thereto, and any analogous state or local laws.

Appears in 1 contract

Samples: Asset Purchase Agreement (Odd Job Stores Inc)

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Environmental and Health and Safety Matters. Except for those matters that have not had and would not reasonably be expected to have, individually or in the aggregate, a Purchaser Seller Material Adverse Effect: (i) each of Purchaser Seller and its subsidiaries Subsidiaries is, and has been, in compliance with all applicable Environmental Laws (as hereinafter defined)Laws, which compliance includes the possession, maintenance, and compliance with all permits, licenses, authorizations or similar approvals required by Environmental Laws and (ii) there is no investigation, suit, claim, action or proceeding pending, or, to the knowledge of PurchaserSeller, threatened against or affecting Purchaser Seller or any of its subsidiaries Subsidiaries or any real property owned, operated or leased by Purchaser Seller or any of its subsidiaries Subsidiaries relating to or arising under Environmental Laws; (iii) to the knowledge of PurchaserSeller, neither Purchaser Seller nor any of its subsidiaries Subsidiaries has received any notice of or entered into or assumed by contract or operation of law or otherwise, any obligation, liability, order, settlement, judgment, injunction or decree relating to or arising under Environmental Laws; (iv) Purchaser Seller is not aware of any facts, circumstances or conditions relating to the operations of Purchaser Seller or any subsidiary Subsidiary or any real property currently or formerly owned, operated or leased by or for Purchaser Seller that could reasonably be expected to result in Purchaser Seller or subsidiaries Subsidiaries incurring liabilities, losses or damages under Environmental Laws; (v) the transactions contemplated by this Agreement do does not trigger or otherwise require compliance with the Industrial Site Recovery Act, 13 N.J. Sta. Ann.ss.13:1K-6 Ann. ss.13:1K-6 and (vi) Purchaser Seller has made available to Seller Purchaser copies xx any environmental, health and safety assessments, audits, investigation or similar reports relating to Purchaser, Seller any subsidiary Subsidiary or any real property owned, operated or leased by Purchaser Seller or any subsidiary. For purposes of this Agreement: "Environmental Laws" means all applicable Laws pertaining to the environment, preservation or reclamation of natural resources, or to human health and safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.ss. 9601 et seqSubsidiary.), the Hazardous Materials Transportation Act (00 X.X.X. App.ss. 1801 et seq.), the Resource Conservation and Recovery Act (42 X.X.X.ss. 6901 et seq.), the Clean Water Act (33 U.S.C.ss. 1251 et sex.), xxx Clean Air Act (42 U.S.C.ss. 7401 et seq.), xxx Xoxic Substances Control Act (15 U.S.C.sx. 0000 et seq.), the Federal Insecticide, Fungicide, and Rodexxxxxxx Act (7 U.S.C.ss. 136 et seq.), and the Occupational Safety and Health Act (20 X.X.X.ss. 651 et seq.), as each has been amended and the regulations xxxxxxxxted pursuant thereto, and any analogous state or local laws.

Appears in 1 contract

Samples: Asset Purchase Agreement (Odd Job Stores Inc)

Environmental and Health and Safety Matters. Except for those matters that have not had and would not reasonably be expected to have, individually or in the aggregate, a Purchaser Seller Material Adverse Effect: (i) each of Purchaser Seller and its subsidiaries Subsidiaries is, and has been, in compliance with all applicable Environmental Laws (as hereinafter defined)Laws, which compliance includes the possession, maintenance, and compliance with all permits, licenses, authorizations or similar approvals required by Environmental Laws and (ii) there is no investigation, suit, claim, action or proceeding pending, or, to the knowledge of PurchaserSeller, threatened against or affecting Purchaser Seller or any of its subsidiaries Subsidiaries or any real property owned, operated or leased by Purchaser Seller or any of its subsidiaries Subsidiaries relating to or arising under Environmental Laws; (iii) to the knowledge of PurchaserSeller, neither Purchaser Seller nor any of its subsidiaries Subsidiaries has received any notice of or entered into or assumed by contract or operation of law or otherwise, any obligation, liability, order, settlement, judgment, injunction or decree relating to or arising under Environmental Laws; (iv) Purchaser Seller is not aware of any facts, circumstances or conditions relating to the operations of Purchaser Seller or any subsidiary Subsidiary or any real property currently or formerly owned, operated or leased by or for Purchaser Seller that could reasonably be expected to result in Purchaser Seller or subsidiaries Subsidiaries incurring liabilities, losses or damages under Environmental Laws; (v) the transactions contemplated by this Agreement do does not trigger or otherwise require compliance with the Industrial Site Recovery Act, 13 N.J. Sta. Ann.ss.13:1K-6 Ann. ss.13:1K-6 and (vi) Purchaser Seller has made available to Seller copies xx Purchaser copiex xf any environmental, health and safety assessments, audits, investigation or similar reports relating to Purchaser, Seller any subsidiary Subsidiary or any real property owned, operated or leased by Purchaser Seller or any subsidiary. For purposes of this Agreement: "Environmental Laws" means all applicable Laws pertaining to the environment, preservation or reclamation of natural resources, or to human health and safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.ss. 9601 et seqSubsidiary.), the Hazardous Materials Transportation Act (00 X.X.X. App.ss. 1801 et seq.), the Resource Conservation and Recovery Act (42 X.X.X.ss. 6901 et seq.), the Clean Water Act (33 U.S.C.ss. 1251 et sex.), xxx Clean Air Act (42 U.S.C.ss. 7401 et seq.), xxx Xoxic Substances Control Act (15 U.S.C.sx. 0000 et seq.), the Federal Insecticide, Fungicide, and Rodexxxxxxx Act (7 U.S.C.ss. 136 et seq.), and the Occupational Safety and Health Act (20 X.X.X.ss. 651 et seq.), as each has been amended and the regulations xxxxxxxxted pursuant thereto, and any analogous state or local laws.

Appears in 1 contract

Samples: Asset Purchase Agreement (Odd Job Stores Inc)

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Environmental and Health and Safety Matters. Except for those matters that have not had and would not reasonably be expected to have, individually or in the aggregate, a Purchaser Material Adverse Effect: (i) each of Purchaser and its subsidiaries is, and has been, in compliance with all applicable Environmental Laws (as hereinafter defined), which compliance includes the possession, maintenance, and compliance with all permits, licenses, authorizations or similar approvals required by Environmental Laws and (ii) there is no investigation, suit, claim, action or proceeding pending, or, to the knowledge of Purchaser, threatened against or affecting Purchaser or any of its subsidiaries or any real property owned, operated or leased by Purchaser or any of its subsidiaries relating to or arising under Environmental Laws; (iii) to the knowledge of Purchaser, neither Purchaser nor any of its subsidiaries has received any notice of or entered into or assumed by contract or operation of law or otherwise, any obligation, liability, order, settlement, judgment, injunction or decree relating to or arising under Environmental Laws; (iv) Purchaser is not aware of any facts, circumstances or conditions relating to the operations of Purchaser or any subsidiary or any real property currently or formerly owned, operated or leased by or for Purchaser that could reasonably be expected to result in Purchaser or subsidiaries incurring liabilities, losses or damages under Environmental Laws; (v) the transactions contemplated by this Agreement do not trigger or otherwise require compliance with the Industrial Site Recovery Act, 13 N.J. Sta. Ann.ss.13:1K-6 and (vi) Purchaser has made available to Seller copies xx any ox xny environmental, health and safety assessments, audits, investigation or similar reports relating to Purchaser, any subsidiary or any real property owned, operated or leased by Purchaser or any subsidiary. For purposes of this Agreement: "Environmental Laws" means all applicable Laws pertaining to the environment, preservation or reclamation of natural resources, or to human health and safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.ss. 9601 et seq.), the Hazardous Materials Transportation Act (00 49 X.X.X. App.ss. 1801 et seq.), the Resource Conservation and Recovery Act (42 X.X.X.ssU.X.X.xs. 6901 et seq.), the Clean Water Act (33 U.S.C.ss. 1251 et sexseq.), xxx Clean Xlean Air Act (42 U.S.C.ss. 7401 et seq.), xxx Xoxic Xxxic Substances Control Act (15 U.S.C.sxU.S.C.ss. 0000 et xx seq.), the Federal Insecticide, Fungicide, and Rodexxxxxxx Act Rodentxxxxx Xxt (7 U.S.C.ss. 136 et seq.), and the Occupational Safety and Health Act (20 X.X.X.ss29 X.X.X.xx. 651 et seq.), as each has been amended and the regulations xxxxxxxxted prxxxxxxxxd pursuant thereto, and any analogous state or local laws.

Appears in 1 contract

Samples: Asset Purchase Agreement (Odd Job Stores Inc)

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