Environmental Compliance/Report. The Bank shall have received and ------------------------------- approved evidence satisfactory to the Bank that no portion of the Land is "wetlands" under any applicable law and that the Land does not contain and is not within or near any area designated as a hazardous waste site by any governmental authority, that neither the Property nor any adjoining property contains or has ever contained any substance classified as hazardous or toxic (or otherwise regulated, such as, without limitation, asbestos, radon or petroleum products) under any law or governmental requirement pertaining to health or the environment, and that neither the Property nor any use or activity thereon violates or is or could be subject to any response, remediation, clean-up or other obligation under any law or governmental requirement pertaining to health or the environment including without limitation, a written report of an environmental assessment of the Property, made within thirty (30) days prior to the date of this Agreement, by an engineering firm, and of a scope and in form and content satisfactory to the Bank, complying with the Bank's established guidelines, showing that there is no evidence of any such substance which has been generated, treated, stored, released or disposed of in the Property, and such additional evidence as may be required by the Bank. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to the Bank.
Appears in 1 contract
Samples: Construction Loan Agreement (Regeneration Technologies Inc)
Environmental Compliance/Report. The Bank shall have received and ------------------------------- approved evidence Evidence satisfactory to the Bank Administrative Agent that no portion of the Land is "wetlands" under any applicable law Law and that the Land does not contain and is not within or near any area designated as a hazardous waste site by any governmental authorityTribunal, that neither no Project in the Property Collateral Pool nor any adjoining property to any such Project contains or has ever contained any substance classified as hazardous or toxic (or otherwise regulated, such as, without limitation, asbestos, radon or and/or petroleum products) under any law Law or governmental requirement pertaining to health or the environment, and that neither the Property nor any no use or activity thereon on any Project in the Collateral Pool violates or is or could be subject to any response, remediation, clean-up or other obligation under any law Law or governmental requirement pertaining to health or the environment including without limitation, a written report of an environmental assessment of the Propertysuch Project, made within thirty (30) days prior to the date of this Agreementsuch Project is added to the Collateral Pool, by an engineering firm, and of a scope and in form and content satisfactory to the BankAdministrative Agent, complying with the BankAdministrative Agent's established guidelines, showing that there is no evidence of any such substance which has been generated, treated, stored, released or disposed of in the Propertysuch Project, and such additional evidence as may be reasonably required by the BankAdministrative Agent. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to the BankAdministrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Environmental Compliance/Report. The Bank Lender shall have received and ------------------------------- approved evidence satisfactory to the Bank Lender that no portion of the Land land upon which the Project is situated is "wetlands" under any applicable law and that the Land land upon which the Project is situated does not contain and is not within or near any area designated as a hazardous waste site by any governmental authority, that neither the Property Project, nor any adjoining property contains or has ever contained any substance classified as hazardous or toxic (or otherwise regulated, such as, without limitation, asbestos, radon or and/or petroleum products) under any law or governmental requirement pertaining to health or the environmentunder, and that neither the Property Project nor any use or activity thereon violates or is or could be subject to any response, remediation, clean-up or other obligation under under, any law or governmental requirement pertaining to health or the environment environment, including without limitation, a written report of an environmental assessment of the Property, made within thirty (30) days prior to the date of this AgreementProject, by an engineering firm, and of a scope and in form and content satisfactory to the Bank, complying with the Bank's established guidelinesLender, showing that there is no evidence of any such substance which has been generated, treated, stored, released or disposed of in the PropertyProject, and such additional evidence as may be required by the BankLender. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to the BankLender.
Appears in 1 contract
Samples: Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Environmental Compliance/Report. The Bank Lender shall have received and ------------------------------- approved evidence satisfactory to the Bank Lender that no portion of the Land is "“wetlands" ” under any applicable law and that the Land does not contain and is not within or near any area designated as a hazardous waste site by any governmental authority, that neither the Property nor any adjoining property contains or has ever contained any substance classified as hazardous or toxic (or otherwise regulated, such as, without limitation, asbestos, radon or and/or petroleum products) under any law or governmental requirement pertaining to health or the environment, and that neither the Property nor any use or activity thereon violates or is or could be subject to any response, remediation, clean-up or other obligation under any law or governmental requirement pertaining to health or the environment including without limitation, a written report of an environmental assessment of the Property, made within thirty one hundred eighty (30180) days prior to the date of this Agreement, by an engineering firm, and of a scope and in form and content satisfactory to the BankLender, complying with the Bank's Lender’s established guidelines, showing that there is no evidence of any such substance which has been generated, treated, stored, released or disposed of in the Property, and such additional evidence as may be required by the BankLender. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to the BankLender.
Appears in 1 contract
Samples: Construction Loan Agreement (Interline Resources Corp)
Environmental Compliance/Report. The Bank shall have received and ------------------------------- approved evidence Evidence satisfactory to the Bank Administrative Agent that no portion of the Land is "wetlands" under any applicable law Law and that the Land does not contain and is not within or near any area designated as a hazardous waste site by any governmental authorityTribunal, that neither the Property nor any adjoining property contains or has ever contained any substance classified as hazardous or toxic (or otherwise regulated, such as, without limitation, asbestos, radon or and/or petroleum products) under any law Law or governmental requirement pertaining to health or the environment, and that neither the Property nor any use or activity thereon violates or is or could be subject to any response, remediation, clean-up or other obligation under any law Law or governmental requirement pertaining to health or the environment including without limitation, a written report of an environmental assessment of the Property, made within thirty (30) days prior to the date of this Agreement, by an engineering firm, and of a scope and in form and content satisfactory to the BankAdministrative Agent, complying with the BankAdministrative Agent's established guidelines, showing that there is no evidence of any such substance which has been generated, treated, stored, released or disposed of in the Property, and such additional evidence as may be reasonably required by the BankAdministrative Agent. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to the BankAdministrative Agent.
Appears in 1 contract
Environmental Compliance/Report. The Bank shall have received and ------------------------------- approved For each Project to be added to the Collateral Pool, evidence satisfactory to the Bank Administrative Agent that no portion of the Land is "“wetlands" ” under any applicable law Law and that the Land does not contain and is not within or near any area designated as a hazardous waste site by any governmental authorityTribunal, that neither the Property Project nor any adjoining property contains or has ever contained any substance classified as hazardous or toxic (or otherwise regulated, such as, without limitation, asbestos, radon or and/or petroleum products) under any law Law or governmental requirement pertaining to health or the environment, and that neither the Property Project nor any use or activity thereon violates or is or could be subject to any response, remediation, clean-up or other obligation under any law Law or governmental requirement pertaining to health or the environment including without limitation, a written report of an environmental assessment of the PropertyProject, made within thirty twelve (3012) days months prior to the date of this AgreementAdmission Date, by an engineering firm, and of a scope and in form and content satisfactory to the BankAdministrative Agent, complying with the Bank's Administrative Agent’s established guidelines, showing that there is no evidence of any such substance which has been generated, treated, stored, released or disposed of in the PropertyProject, and such additional evidence as may be required by the BankAdministrative Agent. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to the BankAdministrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.)