Common use of Environmental and Regulatory Compliance Clause in Contracts

Environmental and Regulatory Compliance. As to each of the real properties owned or leased by any of the Borrowers or any of their Subsidiaries, all as described on Exhibit B, each such property is presently in compliance in all material respects with and has in full force and effect all material permits or approvals required by all applicable building, zoning, anti-pollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations and the Borrowers have not received notification that any of the foregoing properties is in violation of any of the foregoing provisions, except for any non-compliance with respect to or lack of possession of the foregoing which does not have or will not have a material adverse effect on the business or properties of the Borrowers. Except as set forth on Exhibit B, none of the Borrowers has ever generated, stored, or disposed of any hazardous substances, hazardous materials, or oil on any of such properties or any portion thereof and none of the Borrowers is aware of the presence, generation, storage or disposal of such substances on any of such properties or any portion thereof by any of the Borrowers or any prior owner or prior occupant or prior user thereof or by anyone else, nor is any of the Borrowers aware of any spill or release of a hazardous or toxic waste, substance or constituent, or other substance, into the environment on or, from any of such properties. Except as set forth on Exhibit B, no inquiry, notice or threat to give notice by any governmental authority has been received by any of the Borrowers with respect to the generation, storage or disposal or release or threat of release thereof, or with respect to any violation of any federal, state or local environmental, health or safety statute or regulation. Except as set forth on Exhibit B, no underground storage tanks or surface impoundments are on any of the properties owned or leased by any of the Borrowers. For the purposes of this Section, (i) "hazardous substances" shall mean "hazardous substances" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. ss.9601, et seq., and regulations thereunder or under the provisions of any other applicable state, county or municipal law, ordinance, rule or regulation, (ii) "hazardous material" and "oil" shall mean "hazardous material" and "oil", respectively, as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M.G.L. Chapter 21E, and regulations thereunder or under the provisions of any other applicable state, county or municipal law, ordinance, rule or regulation, and (iii) "release" or "threat of release" shall mean such terms as they are defined in any of the foregoing laws, ordinances, rules or regulations, as applicable.

Environmental and Regulatory Compliance. As Except as set forth on Exhibit B attached hereto, to the best knowledge of the Borrowers, each of the real properties owned or leased by any of the Borrowers Borrower or any of their respective Subsidiaries, all as described on Exhibit BB attached hereto, each such property is and any operations conducted thereon by any Borrower or any of their respective Subsidiaries, are presently in compliance in all material respects with and has have in full force and effect all material permits permits, licenses, or approvals required by all applicable building, zoning, anti-pollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations (collectively, “Environmental Laws”), and the Borrowers have not received notification that any of the foregoing properties is in violation of any of the foregoing provisionsjudgment, decree or order relating thereto, except for any non-compliance with respect to to, or lack of possession of of, the foregoing which does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or properties results of operations of the Borrowers and their respective Subsidiaries taken as a whole, and neither any Borrower nor, to the best knowledge of the Borrowers, any Subsidiary of any Borrower, has received notification that any of the foregoing properties or operations conducted by such Borrower or any such Subsidiary is in violation or alleged violation of any of the foregoing except for any violation which would not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers and their respective Subsidiaries taken as a whole. Except as set forth on Exhibit BB attached hereto, none to the best knowledge of the Borrowers Borrowers, neither any Borrower nor any of its respective Subsidiaries has ever generated, stored, handled or disposed of any hazardous substances, hazardous materials, materials or oil on any of such properties or any portion thereof or in connection with any of such operations except in compliance with all applicable Environmental Laws and none neither any Borrower nor, to the best knowledge of the Borrowers Borrowers, any of their respective Subsidiaries is aware of the presencedisposal, generation, storage spill or disposal release or threatened release of such substances on any of such properties or any portion thereof by any of the Borrowers or any prior owner or prior occupant or prior user thereof or by anyone else, nor is except for any such operation, storage, handling, disposal, spill, release or threatened release which, individually or in the aggregate, does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers aware of any spill or release of and their respective Subsidiaries taken as a hazardous or toxic waste, substance or constituent, or other substance, into the environment on or, from any of such propertieswhole. Except as set forth on Exhibit BB attached hereto, no inquiry, notice or threat to give notice by any governmental authority or any other third party has been received by any Borrower or, to the best knowledge of the Borrowers Borrowers, any of their respective Subsidiaries with respect to the generation, storage storage, handling or disposal or release or threat of release (collectively, a “Release”) or alleged Release thereof, or with respect to any violation or alleged violation of any federalEnvironmental Laws or any judgment, state decree or local environmentalorder relating thereto, health except for any such inquiry, notice, threat of notice, violation, alleged violation, judgment, decree or safety statute order which, individually or regulationin the aggregate, does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers and their respective Subsidiaries taken as a whole. Except as set forth on Exhibit BB attached hereto, to the best knowledge of the Borrowers, no underground storage tanks or surface impoundments are on any of the properties owned or leased or operated by any Borrower or any of their respective Subsidiaries, except for any such underground storage tanks or surface inpoundements which, individually or in the aggregate, do not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the BorrowersBorrowers and their respective Subsidiaries taken as a whole. For the purposes of this Section, (i) "”hazardous substances" ” shall mean "“hazardous substances" ” as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. ss.9601§9601, et seq., and regulations thereunder or under the provisions of any other applicable federal, state, county or municipal law, ordinance, rule or regulation, (ii) "hazardous material" and "oil" shall mean "hazardous material" and "oil", respectively, as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M.G.L. Chapter 21E, and regulations thereunder or under the provisions of any other applicable state, county or municipal law, ordinance, rule or regulation, and (iii) "release" or "threat of release" shall mean such terms as they are defined in any of the foregoing laws, ordinances, rules or regulations, as applicable.,

Environmental and Regulatory Compliance. As Except as set forth on Exhibit B attached hereto, to the best knowledge of the Borrowers, each of the real properties owned or leased by any of the Borrowers Borrower or any of their respective Subsidiaries, all as described on Exhibit BB attached hereto, each such property is and any operations conducted thereon by any Borrower or any of their respective Subsidiaries, are presently in compliance in all material respects with and has have in full force and effect all material permits permits, licenses, or approvals required by all applicable building, zoning, anti-pollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations (collectively, “Environmental Laws”), and the Borrowers have not received notification that any of the foregoing properties is in violation of any of the foregoing provisionsjudgment, decree or order relating thereto, except for any non-compliance with respect to to, or lack of possession of of, the foregoing which does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or properties results of operations of the Borrowers and their respective Subsidiaries taken as a whole, and neither any Borrower nor, to the best knowledge of the Borrowers, any Subsidiary of any Borrower, has received notification that any of the foregoing properties or operations conducted by such Borrower or any such Subsidiary is in violation or alleged violation of any of the foregoing except for any violation which would not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers and their respective Subsidiaries taken as a whole. Except as set forth on Exhibit BB attached hereto, none to the best knowledge of the Borrowers Borrowers, neither any Borrower nor any of its respective Subsidiaries has ever generated, stored, handled or disposed of any hazardous substances, hazardous materials, materials or oil on any of such properties or any portion thereof or in connection with any of such operations except in compliance with all applicable Environmental Laws and none neither any Borrower nor, to the best knowledge of the Borrowers Borrowers, any of their respective Subsidiaries is aware of the presencedisposal, generation, storage spill or disposal release or threatened release of such substances on any of such properties or any portion thereof by any of the Borrowers or any prior owner or prior occupant or prior user thereof or by anyone else, nor is except for any such operation, storage, handling, disposal, spill, release or threatened release which, individually or in the aggregate, does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers aware of any spill or release of and their respective Subsidiaries taken as a hazardous or toxic waste, substance or constituent, or other substance, into the environment on or, from any of such propertieswhole. Except as set forth on Exhibit BB attached hereto, no inquiry, notice or threat to give notice by any governmental authority Governmental Authority or any other third party has been received by any Borrower or, to the best knowledge of the Borrowers Borrowers, any of their respective Subsidiaries with respect to the generation, storage storage, handling or disposal or release or threat of release (collectively, a “Release”) or alleged Release thereof, or with respect to any violation or alleged violation of any federalEnvironmental Laws or any judgment, state decree or local environmentalorder relating thereto, health except for any such inquiry, notice, threat of notice, violation, alleged violation, judgment, decree or safety statute order which, individually or regulationin the aggregate, does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers and their respective Subsidiaries taken as a whole. Except as set forth on Exhibit BB attached hereto, to the best knowledge of the Borrowers, no underground storage tanks or surface impoundments are on any of the properties owned or leased or operated by any Borrower or any of their respective Subsidiaries, except for any such underground storage tanks or surface inpoundements which, individually or in the aggregate, do not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the BorrowersBorrowers and their respective Subsidiaries taken as a whole. For the purposes of this Section, (i) "“hazardous substances" ” shall mean "“hazardous substances" ” as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. ss.9601§9601, et seq., and regulations thereunder or under the provisions of any other applicable federal, state, county or municipal law, ordinance, rule or regulation, (ii) "“hazardous material" ” and "“oil" ” shall mean "“hazardous material" ” and "“oil", ,” respectively, as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M.G.L. Chapter 21E, and regulations thereunder or under the provisions of any other applicable federal, state, county or municipal law, ordinance, rule or regulation, and (iii) "“release" ” or "“threat of release" ” shall mean such terms as they are defined in any of the foregoing laws, ordinances, rules or regulations, as applicable.

Environmental and Regulatory Compliance. As Except as set forth on Exhibit B attached hereto, to the best knowledge of the Borrowers, each of the real properties owned or leased by any of the Borrowers Borrower or any of their respective Subsidiaries, all as described on Exhibit BB attached hereto, each such property is and any operations conducted thereon by any Borrower or any of their respective Subsidiaries, are presently in compliance in all material respects with and has have in full force and effect all material permits permits, licenses, or approvals required by all applicable building, zoning, anti-pollution, hazardous substance, hazardous material, oil, environmental, health, safety or other laws, ordinances or regulations (collectively, “Environmental Laws”), and the Borrowers have not received notification that any of the foregoing properties is in violation of any of the foregoing provisionsjudgment, decree or order relating thereto, except for any non-compliance with respect to to, or lack of possession of of, the foregoing which does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or properties results of operations of the Borrowers and their respective Subsidiaries taken as a whole, and neither any Borrower nor, to the best knowledge of the Borrowers, any Subsidiary of any Borrower, has received notification that any of the foregoing properties or operations conducted by such Borrower or any such Subsidiary is in violation or alleged violation of any of the foregoing except for any violation which would not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers and their respective Subsidiaries taken as a whole. Except as set forth on Exhibit BB attached hereto, none to the best knowledge of the Borrowers Borrowers, neither any Borrower nor any of its respective Subsidiaries has ever generated, stored, handled or disposed of any hazardous substances, hazardous materials, materials or oil on any of such properties or any portion thereof or in connection with any of such operations except in compliance with all applicable Environmental Laws and none neither any Borrower nor, to the best knowledge of the Borrowers Borrowers, any of their respective Subsidiaries is aware of the presencedisposal, generation, storage spill or disposal release or threatened release of such substances on any of such properties or any portion thereof by any of the Borrowers or any prior owner or prior occupant or prior user thereof or by anyone else, nor is except for any such operation, storage, handling, disposal, spill, release or threatened release which, individually or in the aggregate, does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers aware of any spill or release of and their respective Subsidiaries taken as a hazardous or toxic waste, substance or constituent, or other substance, into the environment on or, from any of such propertieswhole. Except as set forth on Exhibit BB attached hereto, no inquiry, notice or threat to give notice by any governmental authority or any other third party has been received by any Borrower or, to the best knowledge of the Borrowers Borrowers, any of their respective Subsidiaries with respect to the generation, storage storage, handling or disposal or release or threat of release (collectively, a “Release”) or alleged Release thereof, or with respect to any violation or alleged violation of any federalEnvironmental Laws or any judgment, state decree or local environmentalorder relating thereto, health except for any such inquiry, notice, threat of notice, violation, alleged violation, judgment, decree or safety statute order which, individually or regulationin the aggregate, does not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the Borrowers and their respective Subsidiaries taken as a whole. Except as set forth on Exhibit BB attached hereto, to the best knowledge of the Borrowers, no underground storage tanks or surface impoundments are on any of the properties owned or leased or operated by any Borrower or any of their respective Subsidiaries, except for any such underground storage tanks or surface inpoundements which, individually or in the aggregate, do not have or will not have a material and adverse effect on the condition (financial or otherwise), properties, business or results of operations of the BorrowersBorrowers and their respective Subsidiaries taken as a whole. For the purposes of this Section, (i) "“hazardous substances" ” shall mean "“hazardous substances" ” as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. ss.9601§9601, et seq., and regulations thereunder or under the provisions of any other applicable federal, state, county or municipal law, ordinance, rule or regulation, (ii) "“hazardous material" ” and "“oil" ” shall mean "“hazardous material" ” and "“oil", ,” respectively, as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M.G.L. Chapter 21E, and regulations thereunder or under the provisions of any other applicable federal, state, county or municipal law, ordinance, rule or regulation, and (iii) "“release" ” or "“threat of release" ” shall mean such terms as they are defined in any of the foregoing laws, ordinances, rules or regulations, as applicable.