Environmental Assessment Report. Cxxxxxx shall have received an environmental Phase II report with respect to existing wxxxx located at the Leased Real Property located in Ontario, Canada and the findings, recommendations and conclusions set forth in such report shall not identify a material liability which was not previously identified in the Phase II Environmental Site Assessment performed by Golders Associates Ltd. for Wxxxx Canada dated October 2003, a true and correct copy of which has been delivered to Cxxxxxx.
Environmental Assessment Report. Receipt of evidence which Lender deems satisfactory, including an environmental assessment questionnaire completed by Borrower indicating that all real and personal property securing the Loan is free of hazardous, toxic or dangerous waste, substances or material except in accordance with Environmental Law, as such are defined in any governmental law, regulation or ruling applicable to environmental conditions or listed as such by the Environmental Protection Agency;
Environmental Assessment Report. Upon the written request of the Administrative Agent following the occurrence of any event or the discovery of any condition which the Administrative Agent or the Required Lenders believe has caused (or could be reasonably expected to cause) the representations and warranties set forth in Section 5.09, insofar as they relate to the Unencumbered Borrowing Base Properties, to be untrue in any material respect, furnish or cause to be furnished to the Administrative Agent, at the Borrower’s expense, (a) with respect to a material release of Hazardous Materials at any Unencumbered Borrowing Base Property, a report of an environmental assessment of reasonable scope, form and depth (including, where appropriate, invasive soil or groundwater sampling) as to the nature and extent of the presence of any Hazardous Materials released or threatened to be released and/or (b) with respect to a material violation of Environmental Laws by any Loan Party at any Unencumbered Borrowing Base Property, a report of such violation by a consultant acceptable to the Administrative Agent. If the Borrower fails to deliver such environmental reports within sixty (60) days after receipt of such written request then the Administrative Agent may arrange for same, and the Loan Parties hereby grant to the Administrative Agent and its representatives access to the Unencumbered Borrowing Base Properties to reasonably undertake such an assessment (including, where appropriate, invasive soil or groundwater sampling). The reasonable cost of any assessment arranged for by the Administrative Agent pursuant to this provision will be payable by the Borrower on demand and added to the Obligations.
Environmental Assessment Report. Approval of any sale or assumption shall, at Lender's sole option, require a later date environment assessment report or an update of the most current environmental assessment report for the Premises.
Environmental Assessment Report. The Buyer acknowledges receipt of the Environmental Assessment Report of the Property dated January 30, 2014 (Revised April 30, 2014) by Kleinfelder LLC. Seller contracted for this document pursuant to a separate MOU agreement by the Parties.
Environmental Assessment Report. Within sixty (60) days of the date of this Agreement, AIB shall deliver to Bancorp and FCB a Phase I environmental assessment report (the "Phase I Report") on each parcel of real property owned or leased by AIB, with the exception of any real property for which AIB is a lessee and the lessor (who shall be credit-worthy) fully indemnified AIB for any claims or losses relating to Hazardous Substances on such premises or breaches of any applicable Environmental Law pursuant to an agreement in form and substance reasonably satisfactory to FCB. Each Phase I Report shall be current within 60 days of its delivery and in form and substance reasonably satisfactory to Bancorp. Bancorp and FCB shall promptly review each Phase I Report and within five (5) business days of receipt thereof, will give written notice to AIB if Bancorp and FCB determine that the findings of the Phase I Report constitute a material breach by AIB of any of its representations, warranties, commitments or agreements under this Agreement. The failure of Bancorp or FCB to give such notice shall be deemed acceptance of the Phase I Report by Bancorp and FCB.
Environmental Assessment Report. Buyer shall have received a "Phase I Environmental Assessment Report" with respect to the Leased Property and upon review of such report Buyer is willing to close the transactions contemplated by this Agreement.
Environmental Assessment Report. Seller shall cooperate with Buyer in Buyer's obtaining, at Buyer's expense, of a current "level one" or "phase one" environmental site assessment report prepared in accordance with ASTM E 1527 (1997) standards on the Real Estate from a qualified environmental firm selected by Buyer and acceptable to Seller (who shall not unreasonably disapprove such selection). Buyer shall promptly provide a copy of all such reports to Seller.
Environmental Assessment Report. Upon the written request of the Administrative Agent following the occurrence of any event or the discovery of any condition which the Administrative Agent or the Required Lenders believe has caused (or could be reasonably expected to cause) the representations and warranties set forth in Section 5.09, insofar as they relate to the Borrowing Base Properties, to be untrue in any material respect, furnish or cause to be furnished to the Administrative Agent, at the Borrower’s expense, (a) with respect to a material release of Hazardous Materials at any Borrowing Base Property, a report of an environmental assessment of reasonable scope, form and depth (including, where appropriate, invasive soil or groundwater sampling) as to the nature and extent of the presence of any Hazardous Materials released or threatened to be released and/or (b) with respect to a material violation of Environmental Laws by any Loan Party at any Borrowing Base Property, a report of such violation by a consultant acceptable to the Administrative Agent. If the Borrower fails to deliver such environmental reports within sixty (60) days after receipt of such written request then the Administrative Agent may arrange for same, and the Loan Parties hereby grant to the Administrative Agent and its representatives access to the Borrowing Base Properties to reasonably undertake such an assessment (including, where appropriate, invasive soil or groundwater sampling). The reasonable cost of any assessment arranged for by the Administrative Agent pursuant to this provision will be payable by the Borrower on demand and added to the obligations secured by the Collateral Documents
Environmental Assessment Report. The Mortgagor shall:
(a) when reasonably required by the Mortgagee obtain or permit the Mortgagee to obtain an Environmental Assessment Report from a person approved by the Mortgagee; and
(b) promptly comply with any reasonable recommendation contained in any Environmental Assessment Report relating to compliance with Environmental Law.
