Common use of Environmental and Safety Matters Clause in Contracts

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower or any of its Subsidiaries has received notice of any failure so to comply. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, the Borrower's and its Subsidiaries' plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of neither the Borrower or nor any of its Subsidiaries has received written notice of any failure so to comply. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, the Borrower's ’s and its Subsidiaries' ’ plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Response, Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Substances Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of neither the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower or any of its Subsidiaries has received notice of any failure so to comply. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, the Borrower's ’s and its Subsidiaries' ’ plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except As of the Effective Date, except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.17, each of the Borrower and each of its the Subsidiaries has complied in all material respects with all applicable Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control protection of the environment or to employee health or safety. As of the Effective Date, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.17, none of neither the Borrower or nor any of its Subsidiaries Subsidiary has received notice of any material failure so to comply. Except as set forth in Schedule 3.17 or otherwise previously disclosed to The facilities of the Banks in writing, Borrower and the Borrower's and its Subsidiaries' plants Subsidiaries do not manage or contain any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominateddenominated substances, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution protection of the environment, human health or to employee health and safetysafety (collectively, "HAZARDOUS MATERIALS"), in violation in any material respect of any such law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed 3.17, to the Banks in writing, none knowledge of the Borrower nor any of its Subsidiaries is aware of any Borrowers, there are no events, conditions or circumstances involving environmental pollution pollution, regulation or contamination control or employee health or safety that is are reasonably expected likely to result in liability which would have a Material Adverse Effectany material liabilities being incurred by the Borrower or any Subsidiary.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, each of the Borrower Company and each of its Subsidiaries has complied Subsidiary is in compliance in all material respects with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichwhere the failure to do so would not be reasonably likely, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, neither the Banks in writing, none of the Borrower or Company nor any of its Subsidiaries Subsidiary has received notice of any material failure so to comply, which non-compliance neither has been remedied nor is being contested in good faith by the Company nor is the subject of the Company's good faith efforts to achieve compliance. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the BorrowerCompany's and its the Subsidiaries' plants facilities do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendment and Reauthorization Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, as amended, the Clean Water Act, the Occupational Health and Safety Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichwhere the failure to do so would not reasonably be expected, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, none of the Borrower nor any of its Subsidiaries Company is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is would be reasonably expected likely to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, each of the Borrower Company and each of its the Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichinstances of non- compliance that, individually or in the aggregate, would are not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, neither the Banks in writing, none of the Borrower or Company nor any of its Subsidiaries Subsidiary has received notice written notices of any material failure so to comply, which, if adversely determined, individually or in the aggregate, would be reasonably likely to result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the Borrower's Company and its Subsidiaries' plants the Subsidiaries do not manage generate, treat, store, transport, dispose of or release at any facility owned or operated by any of them any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichthat, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, none of the Borrower nor any of its Subsidiaries Company is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is could reasonably be expected to result in liability which on the part of the Company or any Subsidiary, except for such events, conditions or circumstances that, individually or in the aggregate, would have not be reasonably likely to result in a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, each of the Borrower Company and each of its the Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichinstances of non-compliance that, individually or in the aggregate, would are not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, neither the Banks in writing, none of the Borrower or Company nor any of its Subsidiaries Subsidiary has received notice written notices of any material failure so to comply, which, if adversely determined, individually or in the aggregate, would be reasonably likely to result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the Borrower's Company and its Subsidiaries' plants the Subsidiaries do not manage generate, treat, store, transport, dispose of or release at any facility owned or operated by any of them any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichthat, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, none of the Borrower nor any of its Subsidiaries Company is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is could reasonably be expected to result in liability which on the part of the Company or any Subsidiary, except for such events, conditions or circumstances that, individually or in the aggregate, would have not be reasonably likely to result in a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of neither the Borrower or nor any of its Subsidiaries has received written notice of any failure so to comply. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, the Borrower's ’s and its Subsidiaries' ’ plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of neither the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, each of the Borrower Company and each of its Subsidiaries has complied Subsidiary is in compliance in all material respects with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichwhere the failure to do so would not be reasonably likely, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, neither the Banks in writing, none of the Borrower or Company nor any of its Subsidiaries Subsidiary has received notice of any material failure so to comply, which non-compliance neither has been remedied nor is being contested in good faith by the Company nor is the subject of the Company's good faith 49 efforts to achieve compliance. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the BorrowerCompany's and its the Subsidiaries' plants facilities do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendment and Reauthorization Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, as amended, the Clean Water Act, the Occupational Health and Safety Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichwhere the failure to do so would not reasonably be expected, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, none of the Borrower nor any of its Subsidiaries Company is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is would be reasonably expected likely to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except As of the Closing Date, except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.17, each of the Borrower and each of its the Subsidiaries has complied in all material respects with all applicable Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control protection of the environment or to employee health or safety. As of the Closing Date, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.17, none of neither the Borrower or nor any of its Subsidiaries Subsidiary has received notice of any material failure so to comply. Except as set forth in Schedule 3.17 or otherwise previously disclosed to The facilities of the Banks in writing, Borrower and the Borrower's and its Subsidiaries' plants Subsidiaries do not manage or contain any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominateddenominated substances, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution protection of the environment, human health or to employee health and safetysafety (collectively, "HAZARDOUS MATERIALS"), in violation in any material respect of any such law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed 3.17, to the Banks in writing, none knowledge of the Borrower nor any of its Subsidiaries is aware of any Borrowers, there are no events, conditions or circumstances involving environmental pollution pollution, regulation or contamination control or employee health or safety that is are reasonably expected likely to result in liability which would have a Material Adverse Effectany material liabilities being incurred by the Borrower or any Subsidiary.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed 4.10, to the Banks in writingSelling Parties' knowledge, each the Seller's use of the Borrower Purchased Assets have complied and each of its Subsidiaries has complied are in compliance in all material respects with all Federalfederal, state, local and other regional statutes, laws, ordinances, ordersrules, judgments, rulings regulations and regulations orders relating to environmental pollution or to environmental regulation or control or to employee the protection of human health or and safety, except for violations whichnatural resources or the environment, in including, but not limited to, air pollution, water pollution, noise control, on-site or off-site hazardous substance discharge, disposal or recovery, toxic or hazardous substances, training, information and warning provisions relating to toxic or hazardous substances, or employee safety, and no notice of violation of any such statutes, laws, ordinances, rules, regulations and orders with respect thereto and no notice of the aggregateviolation, would not be reasonably likely to have a Material Adverse Effectcancellation or revocation of any permit, license or other authorization relating thereto, has been received, nor is any such notice pending or threatened. Except as set forth in Schedule 3.17 or otherwise previously disclosed 4.10, to the Banks in writingSelling Parties' knowledge, none no underground or above-ground storage tanks or surface impoundments are located on any of the Borrower or any of its Subsidiaries has received notice of any failure so to complyReal Properties. Except as set forth on Schedule 4.10 and in Schedule 3.17 or otherwise previously disclosed compliance with applicable statutes, laws, ordinances, rules, regulations, orders, licenses and permits, to the Banks in writingSelling Parties' knowledge, since February 3, 1998 there has been no generation, use, treatment, storage, transfer, disposal, release or threatened release, in, at, under, or on any of the Borrower's and its Subsidiaries' plants do not manage any hazardous wastes, Real Properties of toxic or hazardous substances, except for the existence of toxic or hazardous materialssubstances or any generation, toxic substancesuse, toxic pollutantstreatment, storage, transfer, disposal, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as release thereof that set forth in Schedule 3.17 or 4.10; and, except as otherwise previously disclosed set forth in Schedule 4.10, to the Banks Selling Parties' knowledge, there are not now, and at Closing there will not be, any toxic or hazardous substances on, in writingor under any of the Real Properties except in compliance with all applicable laws, regulations, ordinances and permits relating to environmental protection or the protection of health and safety. Except as otherwise set forth on Schedule 4.10, (i) neither Selling Party has received any notice or claim to the effect that either Selling Party is or may be or become liable to any governmental authority or private party as a result of the release, or threatened release, of any toxic or hazardous substances in connection with the operations of the Seller; and (ii) to the Selling Parties' knowledge, none of such operations is the Borrower nor subject of any federal, state or local investigation evaluating whether any remedial action is needed to respond to a release or a threatened release of any toxic or hazardous substances at any of the Real Properties. For the purposes of this Section 4.10, "toxic or hazardous substances" shall include any material, substance or waste that, because of its Subsidiaries quantity, concentration or physical or chemical characteristics, is aware of at any eventstime deemed under any federal, conditions state, local or circumstances involving environmental pollution regional statute, law, ordinance, regulation or contamination order, or employee by any governmental agency pursuant thereto, to pose a present or potential hazard to human health or safety that or the environment, including, but not limited to, (i) any material, waste or substance which is reasonably expected defined as a "hazardous substance" pursuant to result in liability which would have a Material Adverse Effectthe Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended from time to time ("CERCLA"), and its related state and local counterparts; (ii) asbestos and asbestos containing materials and polychlorinated biphenyls; and (iii) any petroleum hydrocarbon, including oil, gasoline (refined and unrefined) and their respective constituents and any wastes associated therewith.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower or any of its Subsidiaries has received notice of any failure so to comply. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, the Borrower's ’s and its Subsidiaries' ’ plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, each of the Borrower and each of its the Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichinstances of non-compliance that, individually or in the aggregate, would are not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, none of neither the Borrower or nor any of its Subsidiaries Subsidiary has received notice notices of any material failure so to comply, which, if adversely determined, individually or in the aggregate, would be reasonably likely to result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the Borrower's Borrower and its Subsidiaries' plants the Subsidiaries do not manage generate, treat, store, transport, dispose of or release at any facility owned or operated by any of them any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichthat, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, none of the Borrower nor any of its Subsidiaries is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is could reasonably be expected to result in liability which on the part of the Borrower or any Subsidiary, except for such events, conditions or circumstances that, individually or in the aggregate, would have not be reasonably likely to result in a Material Adverse Effect.