Environmental and Safety and Health Matters. Except as disclosed on Schedule 4.1(r) attached hereto: (i) the operations of Borrower and each Subsidiary comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of Borrower or any Subsidiary are subject to any judicial, governmental, regulatory or administrative proceeding is alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of Borrower or any Subsidiary 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 Borrower or any Subsidiary; (iv) neither Borrower nor any Subsidiary 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 Borrower or any Subsidiary; and (v) neither Borrower nor any Subsidiary 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 Borrower or any Subsidiary.
Environmental and Safety and Health Matters. The occurrence of any event or the acquisition of any information which, if it had occurred or was true on or before the Restatement Date, would have been required to have been disclosed and included on Schedule 4.25, including but not limited to the existence of any Environmental Lien and receipt of any notice from any federal, state or local government or agency with respect to any actual or alleged violation of any Environmental Law or any Occupational Safety and Health Law;
Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is 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 the Borrower or any Subsidiary of the Borrower 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 the Borrower or such Subsidiary of the Borrower;
Environmental and Safety and Health Matters. To the best of the knowledge of the Borrower, the Borrower and each Subsidiary are in compliance with all Environmental Laws and Occupational and Health Laws where failure to comply would reasonably be expected to have a Material Adverse Effect on the ability of the Borrower to perform its obligations hereunder. Neither the Borrower nor any Subsidiary has received notice of any claims that any of them is not in compliance in all material respects with the Environmental Laws where failure to comply would reasonably be expected to have a Material Adverse Effect on the ability of the Borrower to perform its Obligations.
Environmental and Safety and Health Matters. Except as disclosed on Schedule 7.16 attached hereto: (i) the operations of Borrower and each Subsidiary comply in all respects with (A) all applicable lawfully promulgated, enacted, entered or finalized Environmental Laws and (B) all applicable lawfully promulgated, enacted, entered or finalized Occupational Safety and Health Laws, which the failure to comply with could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of Borrower or any Subsidiary are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Occupational Safety and Health Law, which, if adversely determined, could reasonably be expected to have a Material Adverse Effect; (iii) to Borrower's actual knowledge, none of the operations of Borrower or any Subsidiary is the subject of any material federal or state investigation evaluating whether any remedial action is needed to respond to any unsafe or unhealthful condition at any premises of Borrower or such Subsidiary;
Environmental and Safety and Health Matters. Except as disclosed on Schedule 4.25: (a) the operations of the Borrower and each of the Subsidiaries complies in all respects with (i) all applicable Environmental Laws, and (ii) all applicable Occupational Safety and Health Laws; (b) none of the operations of the Borrower or any Subsidiary are subject to any judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (c) none of the operations of the Borrower or any Subsidiary is the subject of federal or state investigation evaluating whether any remedial action is needed to respond to (i) a spillage, disposal or release into the environment of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance, or (ii) any unsafe or unhealthful condition at any premises of the Borrower or any Subsidiary;
Environmental and Safety and Health Matters. Receipt of any notice that the operations of the Borrower, any other Obligor or any Subsidiary are not in full compliance with requirements of any applicable Environmental Law or any Occupational Safety and Health Law; receipt of notice that the Borrower, any other Obligor or any Subsidiary is subject to federal, state or local investigation evaluating whether any remedial action is needed to respond to (i) any spillage, disposal or release into the environment of any Hazardous Material or other hazardous, toxic or dangerous waste, substance or constituent, or other substance, or (ii) any unsafe or unhealthful condition at any premises of the Borrower, any other Obligor or any Subsidiary; or receipt of notice that any properties or assets of the Borrower any other Obligor or any Subsidiary are subject to an Environmental Lien.
Environmental and Safety and Health Matters. Except for matters which would not reasonably be expected to result in a Material Adverse Effect on any such Person or which are set forth in Section 4.11 of the Disclosure Schedule:
(a) ARCap, the Fund Entities and their respective Subsidiaries are, and at all times have been, in compliance with all Environmental Laws; and
(b) there is no Environmental Claim pending or threatened against ARCap, the Fund Entities or any of their respective Subsidiaries.
Environmental and Safety and Health Matters. Except as disclosed in Section 4.11 of the Disclosure Schedule:
(a) The Companies and their Subsidiaries have obtained all material Permits that are required under any Environmental Law for the operation of their businesses as currently being conducted. To Seller's knowledge, all such Permits are valid and in full force and effect, and will survive the Closing without material modification. "Environmental Law" means any applicable Law relating to (i) the protection, investigation or restoration of the environment or natural resources, (ii) the protection of human health and safety as it pertains to exposure to Hazardous Substances, or (iii) the handling, use, presence, disposal, treatment, storage, release or threatened release of any Hazardous Substance, and includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Federal Water Pollution Control Act, the Clean Air Act, the Resource Conservation and Recovery Act, the Occupational Safety and Health
Environmental and Safety and Health Matters. Except as disclosed in Section 4.12 of the Disclosure Schedule:
(a) The Company and the Mainland Subsidiaries have obtained and are in compliance in all material respects with all Permits that are required under any Environmental Law for the operation of their businesses as currently being conducted. All such Permits are valid and in full force and effect and no circumstances exist which could cause any such Permit to be revoked, modified or rendered non-renewable upon payment of the permit fee. Complete copies of the Company's and the Mainland Subsidiaries' environmental Permits have been made available to Purchaser.
(b) Each of the Company and the Mainland Subsidiaries and the Real Property is in compliance in all material respects with all applicable Environmental Laws. Neither the Company nor any of the Mainland Subsidiaries has received any communication alleging that the Company or any of the Mainland Subsidiaries is not, or since November 20, 2003 was not, in compliance with any applicable Environmental Laws and environmental Permits. To the Knowledge of Seller, no fact or circumstance exists which would reasonably be expected to involve the Company or any of the Mainland Subsidiaries in any environmental litigation, or impose any material environmental liability.
(c) To the Knowledge of Seller, neither the Company nor any Mainland Subsidiary has had a disposal or release of any Hazardous Substances on, under, in, from or about the Real Property.
(d) To the Knowledge of Seller, neither the Company nor any Mainland Subsidiary has disposed or arranged for the disposal of Hazardous Substances on any third party property in violation of any Environmental Law.
(e) To the Knowledge of Seller, neither the Company nor any Mainland Subsidiary has received any written notice, demand, letter, claim or request for information relating to the Real Property alleging violation of or liability under any Environmental Law and neither the Company nor Mainland Subsidiary is party to any written proceedings, actions, orders, decrees or injunctions alleging material liability under any Environmental Law, except as set forth in Section 4.12 of the Disclosure Schedule.
(f) No Real Property is currently listed on the National Priorities List or the Comprehensive Environmental Response, Compensation and Liability Information System, both promulgated under the CERCLA or any comparable state list. Neither the Company nor any Mainland Subsidiary has received any written notice...
