Common use of Environmental and Other Matters Clause in Contracts

Environmental and Other Matters. Each of the Borrower and its Subsidiaries has conducted its businesses so as to comply in all material respects with all applicable federal, state or local environmental laws, regulations, directions, ordinances, criteria and guidelines, including environmental, land use, occupational safety or health laws, regulations, directions, ordinances, criteria, guidelines, requirements or permits in all jurisdictions in which it is or may at any time be doing business, except to the extent it is contesting, in good faith by appropriate legal proceedings, any such law, regulation, direction, ordinance, criteria, guideline, or interpretation thereof or application thereof; and in such event it has complied with any order of any court or other Governmental Authority relating to such laws unless it is currently prosecuting an appeal or proceedings for review and has secured a stay of enforcement or execution postponing enforcement or execution pending such appeal or proceedings for review. No Lien has been imposed or is overtly threatened to be imposed by any Governmental Authority on any of property of the Borrower or any of its Subsidiaries based on or arising out of or related to any environmental matter. At the request of either Agent, and at the sole cost and expense of the Borrower, the Borrower shall provide the Agents with (a) any additional information or reports relating to environmental matters and any potential related liability resulting therefrom as the Agents or Required Lenders may reasonably request and (b) copies of any environmental audits, surveys or reports conducted in connection with the purchase or sale of any real property by the Borrower or any of its Subsidiaries.

Environmental and Other Matters. Each of the The Borrower and its Subsidiaries has conducted its Guarantors will conduct their businesses so as to comply in all material respects with all applicable federal, state or and local environmental laws, regulations, directions, ordinances, criteria and guidelines, including including, without limitation, environmental, land use, occupational safety or and health laws, regulations, directions, ordinances, criteria, guidelines, requirements or and permits in all jurisdictions in which it any of them is or may at any time be doing business, except to the extent it is that the Borrower or any of the Guarantors are contesting, in good faith by appropriate legal proceedings, any such law, regulation, direction, ordinance, criteria, guideline, guideline or interpretation thereof or application thereof; PROVIDED, FURTHER, that the Borrower and in such event it has complied each of the Guarantors shall comply with any the order of any court or other Governmental Authority relating to such laws unless it is the Borrower or the Guarantors shall currently be prosecuting an appeal or proceedings for review and has shall have secured a stay of enforcement or execution postponing enforcement or execution pending such appeal or proceedings for review. No Lien has been imposed or is overtly threatened The Borrower shall promptly take all actions necessary to be imposed by prevent the imposition of any Governmental Authority Liens on any of property of the Borrower or any of its Subsidiaries based on or properties arising out of or related to any environmental mattermatters or otherwise. At the request of either the Administrative Agent, and at the sole cost and expense of the Borrower, the Borrower shall provide the Agents Administrative Agent with (a) any additional information or reports relating to environmental matters and any potential related liability resulting therefrom as the Agents or Required Lenders Administrative Agent may reasonably request request. In addition, the Borrower shall provide the Administrative Agent, at the Borrower's sole cost and (b) expense, with copies of any environmental audits, surveys or reports conducted in connection with the purchase or sale by the Borrower of any real property by the Borrower or any of its Subsidiariesproperty.

Environmental and Other Matters. Each of the The Borrower and its Subsidiaries has conducted its will conduct their businesses so as to comply in all material respects with all applicable federal, state or local environmental laws, regulations, directions, ordinances, criteria and guidelines, including including, without limitation, environmental, land use, occupational safety or health laws, regulations, directions, ordinances, criteria, guidelines, requirements or permits in all jurisdictions in which it any of them is or may at any time be doing business, except to the extent it is that the Borrower or any of the Subsidiaries are contesting, in good faith by appropriate legal proceedings, any such law, regulation, direction, ordinance, criteria, guideline, or interpretation thereof or application thereof; provided, further, -------- ------- that the Borrower and in such event it has complied each of the Subsidiaries shall comply with any the order of any court or other Governmental Authority relating to such laws unless it is the Borrower or the Subsidiaries shall currently be prosecuting an appeal or proceedings for review and has shall have secured a stay of enforcement or execution postponing enforcement or execution pending such appeal or proceedings for review. No Lien has been imposed or is overtly threatened The Borrower shall promptly take all actions necessary to be imposed by prevent the imposition of any Governmental Authority Liens on any of property of the Borrower or any of its Subsidiaries based on or properties arising out of or related to any environmental mattermatters. At the request of either the Agent, and at the sole cost and expense of the Borrower, the Borrower shall provide the Agents Agent with (a) any additional information or reports relating to environmental matters and any potential related liability resulting therefrom as the Agents or Required Lenders Agent may reasonably request request. In addition, the Borrower shall provide the Agent, at the Borrower's sole cost and (b) expense, with copies of any environmental audits, surveys or reports conducted in connection with the purchase or sale by the Borrower of any real property by the Borrower or any of its Subsidiariesproperty.

Environmental and Other Matters. Each of the (a) The Borrower and its Subsidiaries has conducted its will conduct their businesses so as to comply in all material respects with all applicable federal, state or local environmental laws, regulations, directions, ordinances, criteria and guidelines, including including, without limitation, environmental, land use, occupational safety or health laws, regulations, directions, ordinances, criteria, guidelines, requirements or permits in all jurisdictions in which it any of them is or may at any time be doing business, except to the extent it is that the Borrower or any of the Subsidiaries are contesting, in good faith by appropriate legal proceedings, any such law, regulation, direction, ordinance, criteria, guideline, or interpretation thereof or application thereof; provided, -------- further, that the Borrower and in such event it has complied each of the Subsidiaries shall comply ------- with any the order of any court or other Governmental Authority relating to such laws unless it is the Borrower or the Subsidiaries shall currently be prosecuting an appeal or proceedings for review and has shall have secured a stay of enforcement or execution postponing enforcement or execution pending such appeal or proceedings for review. No Lien has been imposed or is overtly threatened The Borrower shall promptly take all actions necessary to be imposed by prevent the imposition of any Governmental Authority Liens on any of property of the Borrower or any of its Subsidiaries based on or properties arising out of or related to any environmental mattermatters. At the request of either the Agent, and at the sole cost and expense of the Borrower, the Borrower shall provide the Agents Agent with (a) any additional information or reports relating to environmental matters and any potential related liability resulting therefrom as the Agents or Required Lenders Agent may reasonably request request. In addition, the Borrower shall provide the Agent, at the Borrower's sole cost and (b) expense, with copies of any environmental audits, surveys or reports conducted in connection with the purchase or sale by the Borrower of any real property by the Borrower or any of its Subsidiariesproperty.

Environmental and Other Matters. Each of the Borrower and its Subsidiaries has conducted its businesses so as to comply in all material respects with all applicable federal, state or local environmental laws, regulations, directions, ordinances, criteria and guidelines, including environmental, land use, occupational safety or health laws, regulations, directions, ordinances, criteria, guidelines, requirements or permits in all jurisdictions in which it is or may at any time be doing business, except to the extent it is contesting, in good faith by appropriate legal proceedings, any such law, regulation, direction, ordinance, criteria, guideline, or interpretation thereof or application thereof; and in such event it has complied with any order of any court or other Governmental Authority relating to such laws unless it is currently prosecuting an appeal or proceedings for review and has secured a stay of enforcement or execution postponing enforcement or execution pending such appeal or proceedings for review. No Lien has been imposed or is overtly threatened to be imposed by any Governmental Authority on any of property of the Borrower or any of its Subsidiaries based on or arising out of or related to any environmental matter. At the request of either the Administrative Agent, and at the sole cost and expense of the Borrower, the Borrower shall provide the Agents Administrative Agent with (a) any additional information or reports relating to environmental matters and any potential related liability resulting therefrom as the Agents Administrative Agent or Required Lenders may reasonably request and (b) copies of any environmental audits, surveys or reports conducted in connection with the purchase or sale of any real property by the Borrower or any of its Subsidiaries.

Environmental and Other Matters. Each of the (a) The Borrower and its Subsidiaries has conducted its will conduct their businesses so as to comply in all material respects with all applicable federalEnvironmental Laws, state or local environmental lawsorders, regulationsregulations and ordinances in all jurisdictions in which any of them is doing business, directionsand all applicable restrictions imposed by governmental authorities thereunder, ordinancesincluding, criteria and guidelineswithout limitation, including environmental, land use, occupational safety or health laws, regulations, directions, ordinances, criteria, guidelines, requirements ordinances or permits in all jurisdictions in which it is or may at any time be doing businesspermits, except to the extent it is that the Borrower or any of the Subsidiaries are contesting, in good faith by appropriate legal proceedings, any such law, order, regulation, direction, ordinance, criteria, guideline, or interpretation thereof or application thereof; and in such event it has complied with any order of any court or other Governmental Authority relating to such laws unless it is currently prosecuting an appeal or proceedings for review and has secured a stay of enforcement or execution postponing enforcement or execution pending such appeal or proceedings for review. No Lien has been imposed or is overtly threatened to be imposed by any Governmental Authority on any of property of If the Borrower or any of its the Subsidiaries based shall (i) receive written notice from or on or arising out of or related to any environmental matter. At the request of either Agent, and at the sole cost and expense of the Borrower, the Borrower shall provide the Agents with (a) any additional information or reports relating to environmental matters and any potential related liability resulting therefrom as the Agents or Required Lenders may reasonably request and (b) copies behalf of any environmental audits, surveys governmental or reports conducted in connection with the purchase or sale regulatory authority that any violation of any real property federal, state or local Environmental Law, regulation or ordinance may have been committed, has been or is about to be committed by the Borrower or any of its Subsidiaries.the subsidiaries, (ii) receive written notice that any administrative or judicial complaint or order has been filed or is about to be filed against the Borrower or any of the Subsidiaries alleging violations of any federal, state or local Environmental Law, regulation or ordinance, or requiring the Borrower or any of the Subsidiaries to take any action in connection with the Release of toxic or Hazardous Materials into the environment or (iii) receive any written notice from a federal, state, or local governmental agency or private party alleging that