Environmental Compliance/Report. Evidence satisfactory to Administrative Agent 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 Tribunal, 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 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 (30) days prior to the date of this Agreement, by an engineering firm, and of a scope and in form and content satisfactory to Administrative Agent, complying with 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 Property, and such additional evidence as may be reasonably required by Administrative Agent. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to Administrative Agent.
Appears in 1 contract
Environmental Compliance/Report. Evidence The Bank shall have received and ------------------------------- approved evidence satisfactory to Administrative Agent the Bank 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 Tribunalgovernmental 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 and/or 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 Administrative Agentthe Bank, complying with Administrative Agentthe 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 reasonably required by Administrative Agentthe Bank. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to Administrative Agentthe Bank.
Appears in 1 contract
Samples: Construction Loan Agreement (Regeneration Technologies Inc)
Environmental Compliance/Report. Evidence For each Project to be added to the Collateral Pool, evidence satisfactory to Administrative Agent 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 Tribunal, 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 and/or petroleum products) under any 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 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 Administrative Agent, complying with Administrative Agent's ’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 reasonably required by Administrative Agent. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Environmental Compliance/Report. Evidence Lender shall have received and approved evidence satisfactory to Administrative Agent Lender 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 Tribunalgovernmental 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 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 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 Administrative AgentLender, complying with Administrative Agent'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 reasonably required by Administrative AgentLender. All reports, drafts of reports, and recommendations, whether written or oral, from such engineering firm shall be made available and communicated to Administrative AgentLender.
Appears in 1 contract
Samples: Construction Loan Agreement (Interline Resources Corp)