Common use of Environmental and Safety Regulations Clause in Contracts

Environmental and Safety Regulations. Each Loan Party and each of their respective Subsidiaries is in compliance with all requirements of applicable federal, state and local Environmental Laws except for any noncompliance which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Except as disclosed on Schedule 4.16, no Loan Party’s or Subsidiary’s past or present operations, Real Property or other Properties are subject to any federal, state or local investigation to determine whether any remedial action is needed to address any environmental pollution, hazardous material or environmental clean-up. The Real Property and its intended use complies with all applicable laws, governmental regulations and the terms of any enforcement action by any federal, state, regional or local governmental agency regarding all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters (including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation and Recovery and Comprehensive Environmental Response, Compensation, and Liability Acts, as said acts may be amended), and the rules, regulations and ordinances of all applicable federal, state and local agencies and bureaus under such laws, except in each case for any noncompliance which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. No Loan Party or Subsidiary has received any Environmental Notice. No Loan Party or Subsidiary has any contingent liability with respect to any Environmental Release, environmental pollution or hazardous material on any Real Property now or previously owned, leased or operated by it.

Environmental and Safety Regulations. Each Loan Party The Borrower and each of their respective its Subsidiaries is are in compliance with all requirements of applicable federal, state and local Environmental Laws environmental, pollution control, health and safety statutes, laws and regulations except for any noncompliance which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Except as disclosed on Schedule 4.16, no Loan Party’s Occurrence and are not the subject of any federal or Subsidiary’s past or present operations, Real Property or other Properties are subject to any federal, state or local investigation to determine evaluating whether any remedial action is needed to address respond to a release of any environmental pollution, toxic or hazardous material waste or environmental clean-upsubstance into the environment. The Borrower further represents and warrants that (i) the Real Property and its intended use complies with all applicable laws, governmental regulations and the terms of any enforcement action by any federal, state, regional or local governmental agency regarding agency, including, without limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters (including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation and Recovery and Comprehensive Environmental Response, Compensation, and Liability Acts, as said acts may be amended), and the rules, regulations and ordinances of all applicable federal, state and local agencies and bureaus under such lawsbureaus, except in each case (x) for any noncompliance which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. No Loan Party Occurrence or Subsidiary (y) as disclosed on Annex IX, and (ii) no notice, demand, request for information, citation, summons or order has received been issued, no complaint has been filed, no penalty has been assessed and no investigation or review is pending or threatened by any Environmental Notice. No Loan Party governmental or Subsidiary has any contingent liability other entity with respect to any Environmental Release, alleged failure by the Borrower or any of its Subsidiaries to comply in any respect with any of such environmental pollution or hazardous material on laws except for any Real Property now or previously owned, leased or operated by itsuch liability for which an adequate book reserve in accordance with GAAP shall have been set aside in respect thereto.