Common use of Environmental Compliance; Flood Insurance Clause in Contracts

Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto or as could not reasonably be expected to have a Material Adverse Effect, each Borrower is in compliance with Environmental Laws and there are no outstanding citations, notices of violation or orders of non-compliance issued to any Borrower or relating to its business or Equipment under any Environmental Law. (b) Except as set forth on Schedule 5.7 hereto or as could not reasonably be expected to have a Material Adverse Effect, each Borrower has been issued all federal, state and local licenses, certificates or permits (collectively, “Approvals”) required for the operation of the commercial business of any Borrower pursuant to any applicable Environmental Law, and all such Approvals are in full force and effect. (c) Except as set forth on Schedule 5.7 or as could not reasonably be expected to have a Material Adverse Effect: (i) to Borrower’s knowledge, there have been no releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or onto any Real Property owned, leased or occupied by any Borrower, except for Releases in compliance with Environmental Laws; (ii) to Borrower’s knowledge, there are no underground storage tanks or polychlorinated biphenyls on any Real Property, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; and (iii) the Real Property has never been used by any Borrower to treat, store or dispose of Hazardous Materials, except as authorized by Environmental Laws. (d) To the extent Borrowers have granted a Mortgage to Agent, for the benefit of itself and the Lenders, all Material Real Property owned by Borrowers is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage in amounts sufficient to insure the assets and risks of each such Borrower if and to the extent required under any applicable Flood Law and in general accordance with prudent business practice in the industry of such Borrower. To the extent Borrowers have granted a Mortgage to Agent, for the benefit of itself and the Lenders, each Borrower has taken all actions if and to the extent required under the Flood Laws and/or requested by Agent in its Permitted Discretion to assist in ensuring that each Lender is in material compliance with the Flood Laws applicable to the Collateral, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Real Property that will be subject to a Mortgage in favor of Agent, for the benefit of Lenders, and, if and to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral in general accordance with prudent business practice.

Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto or as could not reasonably be expected to have a Material Adverse Effect, each Borrower is in compliance with Environmental Laws and there are no outstanding citations, notices of violation or orders of non-compliance issued to any Borrower or relating to its business or Equipment under any Environmental Law. (b) Except as set forth on Schedule 5.7 hereto or as could not reasonably be expected to have a Material Adverse Effect, each Borrower has been issued all federal, state and local licenses, certificates or permits (collectively, “Approvals”) required for the operation of the commercial business of any Borrower pursuant to any applicable Environmental Law, and all such Approvals are in full force and effect. (c) Except as set forth on Schedule 5.7 or as could not reasonably be expected to have a Material Adverse Effect: (i) to Borrower’s knowledge, there have been no releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or onto any Real Property owned, leased or occupied by any Borrower, except for Releases in compliance with Environmental Laws; (ii) to Borrower’s knowledge, there are no underground storage tanks or polychlorinated biphenyls on any Real Property, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; and (iii) the Real Property has never been used by any Borrower to treat, store or dispose of Hazardous Materials, except as authorized by Environmental Laws.. [PHI Group] Revolving Credit, Term Loan and Security Agreement (d) To the extent Borrowers have granted a Mortgage to Agent, for the benefit of itself and the Lenders, all Material Real Property owned by Borrowers is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage in amounts sufficient to insure the assets and risks of each such Borrower if and to the extent required under any applicable Flood Law and in general accordance with prudent business practice in the industry of such Borrower. To the extent Borrowers have granted a Mortgage to Agent, for the benefit of itself and the Lenders, each Borrower has taken all actions if and to the extent required under the Flood Laws and/or requested by Agent in its Permitted Discretion to assist in ensuring that each Lender is in material compliance with the Flood Laws applicable to the Collateral, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Real Property that will be subject to a Mortgage in favor of Agent, for the benefit of Lenders, and, if and to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral in general accordance with prudent business practice.

Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto or as could not reasonably be expected to have a Material Adverse Effect, each Borrower Specified Loan Party is in compliance with Environmental Laws and there are no outstanding citations, notices of violation or orders of non-compliance issued to any Borrower Specified Loan Party or relating to its business or Equipment equipment under any Environmental Law. (b) Except as set forth on Schedule 5.7 hereto or as could not reasonably be expected to have a Material Adverse Effect, each Borrower Specified Loan Party has been issued all federal, state and local licenses, certificates or permits (collectively, “Approvals”) required for the operation of the commercial business of any Borrower Specified Loan Party pursuant to any applicable Environmental Law, and all such Approvals are in full force and effect. (c) Except as set forth on Schedule 5.7 or as could not reasonably be expected to have a Material Adverse Effect: (i) to Borrowereach Specified Loan Party’s knowledge, there have been no releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or onto any Real Property owned, leased or occupied by any BorrowerSpecified Loan Party, except for Releases in compliance with Environmental Laws; (ii) to Borrowereach Specified Loan Party’s knowledge, there are no underground storage tanks or polychlorinated biphenyls on any Real Property, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; and (iii) the Real Property has never been used by any Borrower Specified Loan Party to treat, store or dispose of Hazardous Materials, except as authorized by Environmental Laws. (d) To the extent Borrowers Domestic Loan Parties have granted a Mortgage to Agent, for the benefit of itself and the Lenders, all Material Real Property owned by Borrowers Domestic Loan Parties is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage in amounts sufficient to insure the assets and risks of each such Borrower Domestic Loan Party if and to the extent required under any applicable Flood Law and in general accordance with prudent business practice in the industry of such BorrowerDomestic Loan Party. To the extent Borrowers Domestic Loan Parties have granted a Mortgage to Agent, for the benefit of itself and the Lenders, each Borrower Domestic Loan Party has taken all actions if and to the extent required under the Flood Laws and/or requested by Agent in its Permitted Discretion to assist in ensuring that each Lender is in material compliance with the Flood Laws applicable to the Collateral, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Real Property that will be subject to a Mortgage in favor of Agent, for the benefit of Lenders, and, if and to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral in general accordance with prudent business practice.

Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto or as could not reasonably be expected to have a Material Adverse Effect, each Borrower Specified Loan Party is in compliance with Environmental Laws and there are no outstanding citations, notices of violation or orders of non-compliance issued to any Borrower Specified Loan Party or relating to its business or Equipment under any Environmental Law. (b) Except as set forth on Schedule 5.7 hereto or as could not reasonably be expected to have a Material Adverse Effect, each Borrower Specified Loan Party has been issued all federal, state and local licenses, certificates or permits (collectively, “Approvals”) required for the operation of the commercial business of any Borrower Specified Loan Party pursuant to any applicable Environmental Law, and all such Approvals are in full force and effect. (c) Except as set forth on Schedule 5.7 or as could not reasonably be expected to have a Material Adverse Effect: (i) to Borrowereach Specified Loan Party’s knowledge, there have been no releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or onto any Real Property owned, leased or occupied by any BorrowerSpecified Loan Party, except for Releases in compliance with Environmental Laws; (ii) to Borrowereach Specified Loan Party’s knowledge, there are no underground storage tanks or polychlorinated biphenyls on any Real Property, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; and (iii) the Real Property has never been used by any Borrower Specified Loan Party to treat, store or dispose of Hazardous Materials, except as authorized by Environmental Laws. (d) To the extent Borrowers Domestic Loan Parties have granted a Mortgage to Agent, for the benefit of itself and the Lenders, all Material Real Property owned by Borrowers Domestic Loan Parties is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage in amounts sufficient to insure the assets and risks of each such Borrower Domestic Loan Party if and to the extent required under any applicable Flood Law and in general accordance with prudent business practice in the industry of such BorrowerDomestic Loan Party. To the extent Borrowers Domestic Loan Parties have granted a Mortgage to Agent, for the benefit of itself and the Lenders, each Borrower Domestic Loan Party has taken all actions if and to the extent required under the Flood Laws and/or requested by Agent in its Permitted Discretion to assist in ensuring that each Lender is in material compliance with the Flood Laws applicable to the Collateral, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Real Property that will be subject to a Mortgage in favor of Agent, for the benefit of Lenders, and, if and to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral in general accordance with prudent business practice.

Environmental Compliance; Flood Insurance. (a) Except as set forth The properties owned, leased or operated by each Credit Party and each Subsidiary thereof do not contain, and to their knowledge have not previously contained, any Hazardous Materials in quantities or conditions that could reasonably be expected to give rise to liability on Schedule 5.7 hereto the part of any Credit Party or as any Subsidiary thereof or which constitute or constituted a violation of applicable Environmental Laws, except for such liability or violation that could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, each Borrower is in compliance with Environmental Laws and there are no outstanding citations, notices of violation or orders of non-compliance issued to any Borrower or relating to its business or Equipment under any Environmental Law. (b) Except as set forth on Schedule 5.7 hereto or as All operations conducted by each Credit Party and each Subsidiary thereof are in compliance, and have been in compliance, with all applicable Environmental Laws, except for any noncompliance which could not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect, each Borrower has been issued all federal, state and local licenses, certificates or permits (collectively, “Approvals”) required for the operation of the commercial business of any Borrower pursuant to any applicable Environmental Law, and all such Approvals are in full force and effect. (c) Except as set forth on Schedule 5.7 No Credit Party nor any Subsidiary thereof has received any written notice of any Environmental Claim, nor does any Credit Party or as any Subsidiary thereof have knowledge or reason to believe that any such notice will be received or is being threatened which, in either case, could not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect: (i) to Borrower’s knowledge, there have been no releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or onto any Real Property owned, leased or occupied by any Borrower, except for Releases in compliance with Environmental Laws; (ii) to Borrower’s knowledge, there are no underground storage tanks or polychlorinated biphenyls on any Real Property, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; and (iii) the Real Property has never been used by any Borrower to treat, store or dispose of Hazardous Materials, except as authorized by Environmental Laws. (d) To Hazardous Materials have not been transported off-site or disposed of at, on or from the extent Borrowers properties owned, leased or operated by any Credit Party or any Subsidiary thereof in violation of, or which could give rise to liability under, Environmental Laws, nor have granted any Hazardous Materials been generated, treated, stored or disposed of at, on or under any of such properties in violation of, or in a Mortgage manner that could give rise to Agentliability under, any applicable Environmental Laws, except for any liability or violation which could not reasonably be expected, individually or in the benefit aggregate, to have a Material Adverse Effect. (e) No Environmental Claim is pending, or, to the knowledge of itself and any Credit Party or any Subsidiary thereof, threatened, under any Environmental Law to which any Credit Party or any Subsidiary thereof is or will be named as a potentially responsible party, nor are there any consent decrees or other decrees, consent orders, administrative orders or other orders, or other administrative or judicial requirements outstanding under any Environmental Law with respect to any Credit Party or any Subsidiary thereof that, in any such case, could reasonably be expected, individually or in the Lendersaggregate, all to have a Material Adverse Effect. (f) All Real Property owned by Borrowers Credit Parties and subject to a Mortgage is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Borrower if and to the extent required under any applicable Flood Law and Credit Party in general accordance with prudent business practice in the industry of such BorrowerCredit Party. To the extent Borrowers have granted a Mortgage to Agent, for the benefit of itself and the Lenders, each Borrower Each Credit Party has taken all actions if and to the extent required under the Flood Laws and/or requested by Agent in its Permitted Discretion (for further delivery to each Lender) or any Lender to assist in ensuring that each Lender is in material compliance with the Flood Laws applicable to the Collateral, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Real Property that will be subject to a Mortgage in favor of Agent, for the benefit of Lenders, and, if and to the extent required, obtaining flood insurance in compliance with Flood Laws for such property, structures and contents prior to such property, structures and contents becoming Collateral in general accordance with prudent business practiceCollateral.