Common use of Environmental Compliance Clause in Contracts

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither the Borrower, its Significant Subsidiaries, nor any operator of their properties, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“Hazardous Substances”), which any one of them has generated, transported or disposed of, has been found at any site at which a federal, state, provincial, territorial or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, legal or administrative proceeding arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries; and (iv) any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all reasonable and necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually violation could have a material adverse effect on the environment or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected except as set forth on Schedule 7.18 attached hereto, to have a Material Adverse Effect, the best of the Borrower’s knowledge: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases could have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower’s knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which could have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) none of the Borrower and its Subsidiaries, nor any of the Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any Governmental Authority or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”)Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually or in the aggregate, violation could reasonably be expected to have a material adverse effect on the environment or a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that Substances except where any of the foregoing could not reasonably be expected to have a Material Adverse Effect, ; (c) except as set forth on Schedule 8.18 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; , except where any failure to comply could not reasonably be expected to result in a Material Adverse Effect, (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower’s knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) none of the Borrower and its Subsidiaries, any Mortgaged Property or any of the other Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any Governmental Authority or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the recording of any Mortgage or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all reasonable steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure DocumentsSCHEDULE 7.17 attached hereto, has determined that: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Transaction Parties or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SARA"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.material adverse effect on the business, assets or financial condition of the Transaction Parties, considered as a whole; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither none of the Borrower nor any of its Significant Subsidiaries Transaction Parties has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss.6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14ss.9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries Transaction Parties conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations except to the extent that could any of the following would not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the value of the Real Estate or the business, assets or financial condition of the Transaction Parties, considered as a whole: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by and of the Borrower, its Significant Subsidiaries, Transaction Parties or operators of the Real Property its or other assets of the Borrower and its Significant Subsidiariestheir properties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower Transaction Parties; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or its Significant Subsidiariesinto any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA or by carriers not required by law to have such identification numbers, treated or disposed of only by treatment treatment, recycling or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) Except with respect to matters that would not have a material adverse effect on the value of the Real Estate or the business, assets or financial condition of the Transaction Parties, considered as a whole, none of the Transaction Parties or any of the Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any of the transactions contemplated hereby or the other Loan Documents.

Environmental Compliance. The Borrower and its Material Subsidiaries have taken all steps that they have reasonably deemed to be reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither except as would not reasonably be expected to have a Material Adverse Effect, neither the Borrower, nor its Significant Material Subsidiaries, nor any operator of their propertiesany Real Estate, nor any operations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”)of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable internationaland all Canadian federal, United States federal, state, local, provincial, territorial or local statuteforeign law, regulationstatutes, ordinanceregulations, order ordinances, Rules, orders, decrees, permits, concessions, grants, franchises, licenses, agreements or decree governmental restrictions relating to health, safety, waste transportation or disposal, pollution or the protection of the environment or the release of any materials into the environment, including those related to hazardous substances or wastes, air emissions or discharges to public or private wastewater systems (the “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; (b) Except except, with respect to notices (or any such matters that could related proceedings or other actions), as would not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Material Subsidiaries has received written notice from any third party includingparty, without limitation: including any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) ), or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“Hazardous Substances”), Materials which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the Borrower or any of its Significant Material Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it any one of them is or shall will be a named party to any claim, action, cause of action, complaint, complaint or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.Materials; (c) Except for those occurrences or situations that could except as would not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used by the Borrower or any of its Subsidiaries for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental LawsMaterials and no underground tank or other underground storage receptacle for Hazardous Materials is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, Borrower or its Significant Material Subsidiaries, or, to the knowledge of the Borrower or any of its Material Subsidiaries, by any other operators of the Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances Materials have been generated or are being used on such properties except in accordance with applicable Environmental Lawsthe Real Estate; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances Materials on, upon, into or from the Real Property or other assets Estate; (iv) to the knowledge of the Borrower or any of its Significant SubsidiariesMaterial Subsidiary, there have been no unpermitted Releases of Hazardous Materials on, upon, into or from any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on the Real Estate; and (ivv) any Hazardous Substances Materials that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate that are regulated as hazardous have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), and treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledgeknowledge of the Borrower or any Material Subsidiary, operating in compliance with such permits and applicable Environmental Laws; and (d) except as would not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Material Subsidiaries is required under any applicable Environmental Law to perform Hazardous Materials site assessments, or remove or remediate Hazardous Materials, or provide notice to any Governmental Authority or record or deliver to other Persons an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have Company has taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 8.23 hereto or in the Disclosure Documentsexcept as would not reasonably be expected to have a Material Adverse Effect: (a) Neither none of the BorrowerCompany, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower Company nor any of its Significant Subsidiaries has received notice within the last five (5) years from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the Borrower any Company or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; and (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion none of the Real Property Company and its Subsidiaries is required under any applicable Environmental Law to perform Hazardous Substances site assessments, or to remove or remediate Hazardous Substances, or to give notice to any Governmental Authority or record or deliver to other assets Persons an environmental disclosure document or statement by virtue of the Borrower transactions set forth herein and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries; and (iv) any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Lawscontemplated hereby.

Environmental Compliance. The Borrower To the Borrower's knowledge, and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as ------------------------ set forth on Schedule 6.15 or in the Disclosure Documents:8.18 attached hereto: ------------- (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, operations at the Real Estate is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5(S)6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14(S)9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33(S)9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, Borrower or its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) None of the Borrower and its Subsidiaries or any of the Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have Borrower, Owner, or an affiliate or agent thereof has taken or caused to be taken all commercially reasonable steps that they have deemed reasonably necessary to investigate the past and present condition conditions and usage of the Real Collateral Property and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in makes the Disclosure Documents:following representations and warranties. (a) Neither the None of Borrower, its Significant Subsidiaries, nor or any operator of their propertiesthe Collateral Property, or any portion thereof, or any operations thereon is in violation, or alleged material violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment environment, including, without limitation, the environmental statutes, regulations, orders and decrees of the states in which any of the Collateral Property may be located (the hereinafter “Environmental Laws”), which violation, individually or in violation involves the aggregate, could reasonably be expected to Collateral Property and would have a Material Adverse Effectmaterial adverse effect on the environment or the business, assets or financial condition of such Person. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Neither Borrower nor any of its Significant Subsidiaries Owner has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them it has generated, transported or disposed of, has of have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected With respect to have a Material Adverse Effectthe Collateral Property and except as disclosed in the environmental reports described on Schedule 6.18 to this Agreement, (i) no portion of the Real Collateral Property or other assets of the Borrower and its Significant Subsidiaries has been used as a landfill or for dumping or for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws, and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Collateral Property; (ii) in the course of any activities conducted by the Borrower, its Significant SubsidiariesOwner, or the operators of the Real Property or other assets any of the Borrower and its Significant Subsidiariestheir respective properties, no Hazardous Substances have been generated or are being used on such properties the Collateral Property except in the ordinary course of business and in accordance with applicable Environmental Laws; (iii) there have has been no unpermitted Releases past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a “Release”) or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Collateral Property, which Release would have a material adverse effect on the value of any of the Collateral Property or other assets adjacent properties or the environment; (iv) there have been no Releases on, upon, from or into any real property in the vicinity of the Borrower Collateral Property which, through soil or its Significant Subsidiariesgroundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Collateral Property; and (ivv) any Hazardous Substances that have been generated on the Real Collateral Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite off-site only by carriers having an identification number issued by the EPA, EPA or approved by a state or local environmental regulatory authority having jurisdiction regarding the transportation of such substance and treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under all applicable Environmental Laws, which transporters and facilities have been and are, to the best of Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) None of Borrower, Owner or the Collateral Property is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except Except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither the Borrower, its Significant Subsidiaries, nor any operator of their properties, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect: (a) none of the Borrowers, neither their Subsidiaries, nor to any Borrower’s nor to any of their Subsidiaries’ knowledge, any operator of the Borrower Real Estate or any operations thereon is in violation, nor, to the knowledge of any of the Borrowers or any of their Subsidiaries, is there any alleged violation, of any Environmental Laws which violation could reasonably be foreseen to have a Material Adverse Effect; (b) none of the Borrowers nor any of its Significant their Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that any of the Borrower Borrowers or any of its Significant their Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 7.15 attached hereto: (i) no portion of the Real Property Estate currently owned, leased or other assets operated by any of the Borrower and its Significant Subsidiaries Borrowers or any of their Subsidiaries, or to the knowledge of any of the Borrowers or any of their Subsidiaries, formerly owned, leased or operated has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance material compliance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate currently owned, leased or operated by any of the Borrowers or any of their Subsidiaries, or to the knowledge of any of the Borrowers or any of their Subsidiaries, formerly owned, leased or operated; (ii) in the course of any activities conducted by any of the BorrowerBorrowers or any of their Subsidiaries or, its Significant to the knowledge of any of the Borrowers or any of their Subsidiaries, or by operators of the Real Property currently owned, leased or other assets operated by any of the Borrower and its Significant Borrowers or any of their Subsidiaries, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance material compliance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property currently owned, leased or other assets to the knowledge of any of the Borrower Borrowers or its Significant any of their Subsidiaries, operated by any of the Borrowers or any of their Subsidiaries, or, to the knowledge of any of the Borrowers or any of their Subsidiaries, formerly owned, leased or operated by any of the Borrowers or any of their Subsidiaries; (iv) to the knowledge of any of the Borrowers or any of their Subsidiaries there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledgeknowledge of any of the Borrowers or any of their Subsidiaries, operating in compliance with such permits and applicable Environmental Laws; and (d) none of the Borrowers nor any of their Subsidiaries, nor any of the Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any Governmental Authority or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Each Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate has investigated the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth shown on Schedule 6.15 or in the Disclosure Documents5.16: (a) Neither the Borrower, its Significant Subsidiaries, No Borrower nor any operator of their properties, the Borrowers’ properties is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.material adverse effect on the business, assets or financial condition of the Borrowers on a consolidated basis; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the no Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them the Borrowers has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could except where it would not reasonably be expected to have a Material Adverse Effect, material adverse effect on the value of the Real Property: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances; and no underground tank or other underground storage receptacle for Hazardous Substances except in accordance with applicable Environmental Lawsis located on such properties; (ii) in the course of any activities conducted by the Borrower, its Significant SubsidiariesBorrowers, or operators of the Real Property or other assets of the Borrower and its Significant SubsidiariesProperty, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Lawsproperties; (iii) there have been no unpermitted Releases releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets Property; (iv) to the best of the Borrower Borrowers’ knowledge, there have been no Releases on, upon, from or its Significant Subsidiariesinto any real property in the vicinity of any of the Real Property which, through soil or groundwater contamination, may have come to be located on such properties; and (ivv) in addition, when required under applicable Environmental Laws, any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities facilities, to the best of the Borrowers’ knowledge, have been and are, to the Borrower’s knowledge, are operating in material compliance with such permits and applicable Environmental Laws; and (d) none of the Real Property is or shall be subject to any applicable environmental clean-up responsibility law or environmental restrictive transfer law or regulation by virtue of the transactions set forth herein and contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have has caused environmental assessments to be conducted and/or taken all other steps that they have deemed reasonably necessary to investigate the past and present environmental condition and usage of the Real Property Estate and the operations conducted by thereon. Except as disclosed in the Borrower environmental assessments provided to the Administrative Agent pursuant to Section 10.7 and its Subsidiaries and, based upon such diligent assessments and/or investigation, have to the Borrower's knowledge, the Borrower has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither None of the Borrower, its Significant Subsidiariesany Guarantor, nor any of their respective Subsidiaries or any operator of their propertiesthe Real Estate or any portion thereof, or any operations thereon is in violation, or alleged violationviolation (in writing), of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, ordinance or order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “Environmental Laws”hereinafter "ENVIRONMENTAL LAWS"), which violationviolation or alleged violation (in writing) has, individually or in the aggregateits remediation would have, could reasonably be expected to have by itself or when aggregated with all such other violations or alleged violations, a Material Adverse EffectEffect or constitutes a Disqualifying Environmental Event. (b) Except with respect to None of the Borrower, any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor Guarantor or any of its Significant their respective Subsidiaries has received notice from any third party party, including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; X (1986), (ii) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), "HAZARDOUS SUBSTANCES") which any one of them it has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower Borrower, any Guarantor or any of its Significant their respective Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; , or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to ; which event described in any such notice would have a Material Adverse Effect, Effect or constitutes a Disqualifying Environmental Event. (i) no No portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of any Real Estate except in accordance with applicable Environmental Laws, (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiariesthe Guarantors, their respective Subsidiaries or to the knowledge of the Borrower, without any independent inquiry other than as set forth in the environmental assessments, the operators of the Real Property Estate, or other assets of the Borrower and its Significant Subsidiariesany ground or space tenants on any Real Estate, no Hazardous Substances have been generated or are being used on such properties Real Estate except in accordance with applicable Environmental Laws; , (iii) there have has been no unpermitted Releases present or past releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a "RELEASE") or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property or other assets Estate, (iv) to the knowledge of the Borrower without any independent inquiry other than as set forth in the environmental assessments, there have been no Releases on, upon, from or its Significant Subsidiaries; into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on such Real Estate, and (ivv) any Hazardous Substances that have been generated on the Real Property or other assets of by the Borrower or its Significant a Guarantor or any of their respective Subsidiaries at any of the Real Estate have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws; any of which events described in clauses (i) through (v) above would have a Material Adverse Effect, which transporters and facilities have been and areor constitutes a Disqualifying Environmental Event. (d) By virtue of the use of the Loans proceeds contemplated hereby, or as a condition to the effectiveness of any of the Loan Documents, none of the Borrower’s knowledge, operating in compliance with such permits and any Guarantor or any of the Real Estate is subject to any applicable Environmental LawsLaw requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could violation would reasonably be expected to have a Material Adverse Effect.material adverse effect on the environment or the business, assets or financial condition of the Borrower or any of its Subsidiaries; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 7.18 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) None of the Borrower and its Subsidiaries or any of the Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except Except as set forth on in Schedule 6.15 or in the Disclosure Documents7.18 hereto: (a) Neither the Borrower, its Significant Subsidiaries, none of such Borrower nor any operator of their properties, its Subsidiaries is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to public health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.; (b) Except with respect to any none of such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the such Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, the knowledge of such Borrower and its Subsidiaries: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, such Borrower or its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; and (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the such Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; and and (ivd) none of such Borrower nor any of its Subsidiaries is subject to any applicable Environmental Law requiring the performance of Hazardous Substances that have been generated on site assessments, or the Real Property removal or remediation of Hazardous Substances, or the giving of notice to any Governmental Authority or the recording or delivery to other assets Persons of an environmental disclosure document or statement by virtue of the Borrower transactions set forth herein and contemplated hereby, or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, a condition to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Lawsrecording of any mortgage or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have caused environmental assessments to be conducted and/or taken all other steps that they have deemed reasonably necessary to investigate the past and present environmental condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries and, based thereon. Based upon such diligent assessments and/or investigation, have determined that, except as set forth on Schedule 6.15 or in 7.18, the Disclosure DocumentsBorrowers represent and warrant that: (a) Neither the None of any Borrower, its Significant Subsidiariesany Guarantor, nor any of their respective Subsidiaries or any operator of their propertiesthe Real Estate or any portion thereof, or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SXXX"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violationviolation or alleged violation has, individually or in the aggregateits remediation would have, could reasonably be expected to have by itself or when aggregated with all such other violations or alleged violations, a Material Adverse Effect, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. (b) Except with respect to None of any such matters that could not reasonably be expected to have a Material Adverse EffectBorrower, neither the Borrower nor any Guarantor or any of its Significant their respective Subsidiaries has received notice from any third party party, including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; X (1986), (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them it has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower any Borrower, any Guarantor or any of its Significant their respective Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; , or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances; which event described in any such notice would have a material adverse effect on the business, assets or financial condition of any Borrower, any Guarantor or any of their respective Subsidiaries, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effectas set forth on Schedule 7.18, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of any Real Estate except in accordance with applicable Environmental Laws, (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiariesthe Guarantors, their respective Subsidiaries or the operators of their respective properties, or operators of the any ground or space tenants on any Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances have been generated or are being used on such properties Real Estate except in accordance with applicable Environmental Laws; , (iii) there have has been no unpermitted Releases present or past releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a "Release") or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property Estate, (iv) there have been no Releases on, upon, from or other assets into any real property in the vicinity of any of the Borrower Real Estate which, through soil or its Significant Subsidiaries; groundwater contamination, may have come to be located on such Real Estate, and (ivv) any Hazardous Substances that have been generated on any of the Real Property or other assets of the Estate during ownership thereof by a Borrower or its Significant a Guarantor or any of their respective Subsidiaries have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers' knowledge, operating in compliance with such permits and applicable Environmental Laws; any of which events described in clauses (i) through (v) above would have a material adverse effect on the business, assets or financial condition of any Borrower, any Guarantor or any of their respective Subsidiaries, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. Notwithstanding that the representations contained herein are limited to the knowledge of the Borrowers, any such limitation shall not affect the covenants specified in §8.11 or elsewhere in this Credit Agreement. (d) None of the Borrowers, the Guarantors or the Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement, by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby. (e) There has been no change in the status of the information disclosed on Schedule 7.18, that, individually or in the aggregate, has resulted in, or materially increased the likelihood of, a Material Adverse Effect (after taking into account any indemnities, escrows or other similar protections provided by a third party for the matters set forth in Schedule 7.18). §7.19. Subsidiaries. Schedule 7.19 sets forth all of the respective Subsidiaries of Sovran or SALP, and Schedule 7.19 will be updated to reflect any subsequent Guarantor and its Subsidiaries, if any.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all commercially reasonable steps that they have deemed reasonably necessary to investigate the past and present condition conditions and usage of the Real Property Borrowing Base Properties and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as specifically set forth on Schedule 6.15 6.20, attached hereto, or in the Disclosure Documentscase of Real Estate acquired after the date hereof by Borrower, in express written notice with respect thereto provided to the Agent, makes the following representations and warranties: (a) Neither None of the Borrower, Borrower or any of its Significant Subsidiaries, nor to the best knowledge and belief of Borrower and any of its Subsidiaries, any operator of their propertiesthe Real Estate, nor any operations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the hereinafter “Environmental Laws”), which violation, individually or in violation (i) involves Real Estate (other than the aggregate, could reasonably be expected to Borrowing Base Properties) and would have a Material Adverse EffectEffect or (ii) involves Borrowing Base Property. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither None of the Borrower nor or any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them it has generated, transported or disposed of, has of have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no No portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws, and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate except those which are being operated and maintained in compliance with Environmental Laws; (ii) in the course of any activities conducted by the Borrower, Borrower or any of its Significant Subsidiaries, or operators of or, to the Real Property or other assets best knowledge and belief of the Borrower and its Significant Subsidiaries, the operators of their properties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in the ordinary course of business and in accordance with applicable Environmental Laws; (iii) there have has been no unpermitted Releases past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (other than the storing of materials in reasonable quantities to the extent necessary for the operation of a Megaplex Movie Theatre or Entertainment-Related Retail Improvement in the ordinary course of business, and in any event in compliance with all Environmental Laws) (a “Release”) or threatened Releases Release of Hazardous Substances on, upon, into or from the Borrowing Base Properties, which Release would have a material adverse effect on the value of such Borrowing Base Properties or adjacent properties, or from any other Real Property Estate, which Release could have a Material Adverse Effect; (iv) except as set forth on Schedule 6.20 hereto, there have been no Releases on, upon, from or other assets into any real property in the vicinity of any of the Borrower Real Estate which, through soil or its Significant Subsidiariesgroundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) any Hazardous Substances that have been generated on any of the Real Property Estate have been transported off-site in accordance with all applicable Environmental Laws. The representation set forth in this §6.20(c) with respect to activities of lessees and other third parties unrelated to Borrower and its Subsidiaries shall be limited to the best knowledge and belief of the Borrower and its Subsidiaries. (d) To the best knowledge of each Borrower and its Subsidiaries, none of Borrower or any of its Subsidiaries, nor the Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other assets Persons of an environmental disclosure document or statement in each case by virtue of the transactions set forth herein and contemplated hereby, or to the effectiveness of any other transactions contemplated hereby except for such matters that shall be complied with as of the Closing Date. (e) To the best knowledge of Borrower and its Subsidiaries, none of the Borrower or any of its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPAhas acquired any actual knowledge of any existing or closed sanitary landfills, treated solid waste disposal sites, or disposed of only by treatment hazardous waste treatment, storage or disposal facilities maintaining valid permits on or affecting the Real Estate. (f) There has been no claim received by Borrower or any of its Subsidiaries, by any party that any use, operation, or condition of the Real Estate has caused any nuisance or any other liability or adverse condition on any other property which could reasonably be expected to have a Material Adverse Effect, nor is there any knowledge of any basis for such a claim. (g) In the event that any event or circumstance described in §6.20 shall occur with respect to any Real Estate of Borrower or any of its Subsidiaries after the date hereof that Borrower is permitted to address pursuant to §8.6, or that is being remedied by Tenant, such event or circumstance shall not constitute a misrepresentation of Borrower or any of its Subsidiaries at any time the representations and warranties under this §6.20 are repeated or deemed repeated; provided further that the foregoing shall not limit the requirement that such representations with respect to Borrowing Base Properties be correct when such properties are accepted as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental LawsBorrowing Base Property.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment in the United Kingdom, France, Germany, the European Union or other applicable jurisdiction (the “Environmental Laws”hereinafter "ENVIRONMENTAL LAWS"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.material adverse effect on the environment or the business, assets or financial condition of the Borrower or any of its Subsidiaries; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) ), any waste substance or other material as defined in the Environmental Protection Act 1990 (United Kingdom), and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), "HAZARDOUS SUBSTANCES") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or authority in any other applicable jurisdiction, or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on SCHEDULE 5.18 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or by a similar agency in other jurisdictions, as applicable), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) None of the Borrower and its Subsidiaries or any of the other Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the recording of any Mortgage or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower Borrowers have a reasonable system for evaluating and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate managing environmental matters affecting them and their Restricted Subsidiaries, including the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigationsystem, have determined concluded that, : (a) except as set forth on Schedule 6.15 or in 8.15, none of the Disclosure Documents: (a) Neither the BorrowerBorrowers, its Significant Subsidiaries, none of their Restricted Subsidiaries nor any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any federal, state, county, regional, local, foreign or provincial judgment, decree, directive order, law, license, permit, licenserule, rule regulation, code or regulation ordinance pertaining to environmental matters, including including, without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal federal Clean Water Act, the Federal federal Clean Air Act, the Toxic Substances Control Act, or any applicable internationalCanadian, European Union, Dutch, Australian, UK, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment or otherwise relating to protection or conservation of natural or cultural sources, pollution or contamination of air, water or soil, waste or chemical disposal, toxic, hazardous, poisonous, or dangerous substances or noise or odor (the “Environmental Laws”), which violation, individually or in the aggregate, violation could reasonably be expected to have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effectexcept as set forth in Schedule 8.15, neither none of the Borrower Borrowers nor any of its Significant their Restricted Subsidiaries has received notice from any third party party, including, without limitation: , any Canadian, European Union, Dutch, Australian, federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5)) or by any applicable Environmental Laws, any hazardous substances as defined by 42 U.S.C. §9601(14)) or by any applicable Environmental Laws, any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or by any applicable Environmental Laws and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by or forming the basis of liability under any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, or arranged for transport or disposal of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower Borrowers or any of its Significant their Restricted Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances., or pursuant to any Environmental Law, in each case which has or has the potential of having a Material Adverse Effect; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 8.15: (i) to the best knowledge of each Borrower, no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances which would have a Material Adverse Effect, except for handling, processing or storage of Hazardous Substances in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the any Borrower, its Significant Subsidiaries, Restricted Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws, except for generation or use of Hazardous Substances which would not have a Material Adverse Effect; (iii) to the best knowledge of each Borrower, there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the any Borrower or its Significant Restricted Subsidiaries, which releases would have a Material Adverse Effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best knowledge of each Borrower, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a Material Adverse Effect on the value of, the Real Estate; and (ivv) in addition, to the best knowledge of each Borrower, except as would not have a Material Adverse Effect: (1) any Hazardous Substances that have been generated on any of the Real Property or other assets Estate located in the United States after the effective date of the Borrower or its Significant Subsidiaries RCRA and applicable regulations have been transported offsite only by carriers having an identification number issued by the EPAEPA (2) any Hazardous Substances that have been generated by any Borrower or any of its Restricted Subsidiaries on any of the Real Estate located in nations other than the United States have been transported offsite in accordance with applicable Environmental Laws, (3) all Hazardous Substances generated on any Real Estate have been treated or disposed of at off-site locations only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which and (4) all transporters and facilities referenced in clauses (1) through (3) hereof have been and are, to the Borrower’s knowledge, are operating in compliance with such permits and applicable Environmental Laws; and (d) except as listed on Schedule 8.15 and as would not have a Material Adverse Effect, none of the Borrowers and their Restricted Subsidiaries, nor any of the Real Estate, is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except Except as set forth on in Schedule 6.15 or 3.16, the Borrower has taken all necessary steps to comply in the Disclosure Documentsall material respects with Environmental Laws (as hereinafter defined) and has determined that: (a) Neither To the Borrower's knowledge, its Significant Subsidiaries, nor any operator of their properties, Borrower is not in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SARA"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, each as amended as of the date hereof, or any applicable international, other federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.material adverse effect on the business, assets or financial condition of the Borrower; (b) Except with respect to any such matters that could The Borrower has not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible 17 party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx XX (0086); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5Section 9601(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them it has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries it conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, To the Borrower's knowledge: (i) no portion of the Real Property or other assets of properties on which the Borrower and conducts its Significant Subsidiaries has business have not been used by the Borrower for the handling, processing, storage or disposal Disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties property leased by the Borrower on which the Borrower conducts its business except in accordance with applicable Environmental LawsLaws in regard to which the failure to comply would have a material adverse effect on the Borrower's business; (iii) there have has been no unpermitted Releases Release or threatened Releases Release of Hazardous Substances by the Borrower on, upon, into or from the Real Property or other assets properties on which the Borrower operates its business, which Release would have a material adverse effect on the Borrower's business; (iv) to the best of the Borrower's knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of any of the properties on which the Borrower conducts its business, through soil or its Significant Subsidiariesgroundwater contamination, which may have come to be located on, and which would have a material adverse effect on the Borrower's business; and (ivv) in addition, any Hazardous Substances that have been generated by the Borrower on the Real Property or other assets of properties on which the Borrower or conducts its Significant Subsidiaries business have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed Disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) none of the properties on which the Borrower conducts its business is or is expected to be in violation of any applicable environmental clean-up responsibility law or regulation or environmental restrictive transfer law or regulation, in regard to which failure to comply would have a material adverse effect on the environment or the business, assets or financial condition of the Borrower.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all steps that they have deemed reasonably necessary action to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in makes the Disclosure Documents:following representations and warranties to its knowledge. (a) Neither None of the Borrower, its Significant Subsidiaries, nor or any operator of their propertiesthe Real Estate, or any operations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Comprehen­sive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SXXX"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, Act or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually violation involves the Land or in the aggregate, could reasonably be expected to would have a Material Adverse Effectmaterial adverse effect on the environment or the busi­ness, assets or financial condition of the Borrower. (b) Except with respect to any such matters that could The Borrower has not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: limitation any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible respon­sible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5§ 9601(5), any hazardous substances as defined by 42 U.S.C. §§ 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §U.S.C.§ 9601(33) or any toxic substancesubstances, oil or hazardous materials as defined by M.G.L. c. .21E, or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), Materials") which any one of them it has generated, transported or disposed of, has of have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries the Guarantor conduct a remedial investigation, removal or other response action pursuant to any Environmental LawLaws; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous SubstancesMaterials. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, as set forth on Exhibit “M” attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the the­ handling, processing, storage or disposal of Hazardous Substances Materials except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Materials is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or the operators of the Real Property or other assets of the Borrower and its Significant Subsidiariestheir properties, no Hazardous Substances Materials have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have has been no unpermitted Releases past or present releasing, spill­ing, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a "Release") or threatened Releases Release of Hazardous Substances Materials on, upon, into or from the Real Property or other assets Estate, which Release would have a material adverse effect on the value of any of the Borrower Real Estate or its Significant Subsidiariesadjacent prop­erties or the environment; (iv) to the best of the Borrower's knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) any Hazardous Substances Materials that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Envi­ronmental Laws. (d) Except as set forth in Exhibit M, none of the Real Estate is or shall be subject to any applicable environmental clean-up responsibility law or environmental restrictive transfer law or regulation, by virtue of the transactions set forth herein and contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate To the past and present condition and usage best of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure DocumentsBorrower’s knowledge: (a) Neither none of the Borrower, its Significant Subsidiaries, nor the General Partner, and any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule Government Mandate or regulation Permit pertaining to environmental environmental, safety or public health matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, and the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment Act (the hereinafter “Environmental Laws”), which violation, individually or in the aggregate, could reasonably violation would be expected likely to have a material adverse effect on the environment or a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party includingparty, without limitation: including any federal, state, provincial, territorial or local governmental authorityGovernment Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or oil, hazardous materials materials, or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), which ) that any one of them has generated, transported transported, or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency Government Authority or other third party has conducted conducted, or has ordered that the Borrower or any of its Significant Subsidiaries conduct other parties conduct, a remedial investigation, removal removal, or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claimProceeding (in each case, action, cause of action, complaint, legal contingent or administrative proceeding otherwise) arising out of any third party’s incurrence of costs, expenses, losses losses, or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; and (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage storage, or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; ; (ii) no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (iii) in the course of any activities conducted by any of the Borrower, its Significant Subsidiaries, or the General Partner, and operators of the any Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; ; (iiiiv) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing, or dumping) or threatened Releases releases of Hazardous Substances on, upon, into into, or from the Real Property or other assets Estate that would have a material adverse effect on the value of the Borrower Real Estate or its Significant Subsidiariesthe environment; (v) there have been no releases of Hazardous Substances on, upon, from, or into any real property in the vicinity of any of the Real Estate that (A) may have come to be located on the Real Estate through soil or groundwater contamination, and, (B) if so located, would have a material adverse effect on the value of the Real Estate or the environment; and and (ivvi) any Hazardous Substances that have been generated by any of the Borrower and its Subsidiaries, or on the Real Property or Estate by any other assets of the Borrower or its Significant Subsidiaries Person, have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits Permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s knowledge, operating in compliance with such permits Permits and applicable Environmental Laws.

Environmental Compliance. The Borrower and its Subsidiaries have Each Loan Party has taken all reasonable and necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither each Loan Party and each of its respective Subsidiaries conducts in the Borrowerordinary course of business a review of the effect of existing Environmental Laws (as define below) and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof each Loan Party and each of its Significant Subsidiariesrespective Subsidiaries has reasonably concluded that such Environmental Laws and claims could not, nor individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (b) each Loan Party and each of its respective Subsidiaries and any operator of their properties, the Real Estate or any operations thereon is not in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually violation could have a material adverse effect on the environment or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; and (bc) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor no Loan Party or any of its Significant respective Subsidiaries has have received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries; and (iv) any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither the Borrower, its Significant Subsidiaries, nor any operator of their properties, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXXSXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“Hazardous Substances”), which any one of them has generated, transported or disposed of, has been found at any site at which a federal, state, provincial, territorial or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, legal or administrative proceeding arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries; and (iv) any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have taken all commercially reasonable steps that they have deemed reasonably necessary to investigate the past and present condition conditions and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in make the Disclosure Documents:following representations and warranties. (a) Neither To the Borrowerbest of the Borrowers’ knowledge, its Significant Subsidiariesnone of the Borrowers, the Guarantors nor the Restricted Subsidiaries of any Borrower or any operator of their propertiesthe Real Estate, or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the hereinafter “Environmental Laws”), which violation, individually or in violation involves the aggregate, could reasonably be expected to Real Estate and would have a Material Adverse Effectmaterial adverse effect on the environment or the business, assets or financial condition of either Borrower, any Guarantor or any of a Borrower’s Restricted Subsidiaries. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effectas set forth on Schedule 6.20, neither none of the Borrower Borrowers, the Guarantors nor any of its Significant the Restricted Subsidiaries of any Borrower has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them it has generated, transported or disposed of, has of have been found at any site at at, on or under the Real Estate for which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that any of the Borrower Borrowers, any Guarantor or any of its Significant the Restricted Subsidiaries of any Borrower conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse EffectTo the best of the Borrowers’ knowledge, except as set forth on Schedule 6.20: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used as a landfill or for dumping or for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws, and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate that is not in compliance with applicable Environmental Laws; (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiariesthe Guarantors, the Restricted Subsidiaries of any Borrower or the operators of the Real Property or other assets any of the Borrower and its Significant Subsidiariestheir properties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in the ordinary course of business and in accordance with applicable Environmental Laws; (iii) there have has been no unpermitted Releases past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a “Release”) or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property or other assets Estate, which Release would have a material adverse effect on the value of any of the Borrower Real Estate or its Significant Subsidiariesadjacent properties or the environment; (iv) there have been no Releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite off site only by carriers having an identification number issued by the EPA, EPA or approved by a state or local environmental regulatory authority having jurisdiction regarding the transportation of such substance and treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under all applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers’ knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) None of the Borrowers, the Guarantors, the Restricted Subsidiaries of any Borrower, nor any Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the recording of the Security Deed or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents5.16: (a) Neither none of the Borrower, its Significant Borrowers or Excluded Subsidiaries, nor any operator of their propertiesany Real Estate, nor any operations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”)of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federalFederal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order rule, order, decree, permit, concession, grant, franchise, license, agreement or decree governmental restriction relating to health, safety, waste transportation or disposal, pollution or the protection of the environment or the release of any materials into the environment, including those related to hazardous substances or wastes, air emissions or discharges to public or private wastewater systems (the “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither none of the Borrower nor any of its Significant Subsidiaries Borrowers has received written notice from any third party includingparty, without limitation: including any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) ), or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“Hazardous Substances”), Materials which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the Borrower or any of its Significant Subsidiaries Borrowers conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it any one of them is or shall will be a named party to any claim, action, cause of action, complaint, complaint or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.Materials which notice (or any related proceeding or other action) would have a Material Adverse Effect; (c) Except for those occurrences or situations that could except where it would not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental LawsMaterials and no underground tank or other underground storage receptacle for Hazardous Materials is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiariesor, or to the Borrowers’ knowledge by any other operators of the Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances Materials have been generated or are being used on such properties except in accordance with applicable Environmental Lawsthe Real Estate; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances Materials on, upon, into or from the Real Property Estate; (iv) to the Borrowers’ knowledge, there have been no Releases of Hazardous Materials on, upon, into or other assets from any real property in the vicinity of any of the Borrower Real Estate which, through soil or its Significant Subsidiariesgroundwater contamination, may have come to be located on the Real Estate; and (ivv) any Hazardous Substances Materials that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate that are regulated as hazardous have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), and treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s Borrowers’ knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) except where it would not have a Material Adverse Effect, none of the Borrowers is required under any applicable Environmental Law to perform Hazardous Materials site assessments, or remove or remediate Hazardous Materials, or provide notice to any Governmental Authority or record or deliver to other Persons an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Each Borrower and its Subsidiaries have has taken all reasonable steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither the Borrower or any Subsidiary of such Borrower, its Significant Subsidiaries, nor or any operator of their propertiesthe Real Estate or any operations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.material adverse effect on the environment or the business, assets or financial condition of such Borrower and any of its Subsidiaries; (b) Except with respect to Neither Borrower or any Subsidiary of such matters that could not reasonably be expected to have a Material Adverse EffectBorrower, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss. 9601(5), any hazardous substances as defined by 42 U.S.C. §ss. 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the such Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiaries, their Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariestheir respective properties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower Borrowers or its Significant their Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrowers' knowledge, there have been no releases on, upon, from or into any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate and there is no asbestos contamination on any of the Real Estate which would result in a violation of applicable Environmental Laws or which would require removal under such Environmental Laws; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers' knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) Neither Borrower or any Subsidiary of such Borrower or any of the other Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have the Guarantors each has taken all commercially reasonable steps that they have deemed reasonably necessary to investigate the past and present condition conditions and usage of the Real Collateral Property and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, investigation makes the following representations and warranties except as specifically set forth in the written environmental site assessment reports provided to the Agent on or before the date hereof or as set forth on Schedule 6.15 or in the Disclosure Documents6.18 attached hereto: (a) Neither With respect to the BorrowerCollateral Property, its Significant Subsidiaries, nor none of the Borrower or the Guarantors or any operator of their propertiesthe Collateral Property, or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including including, without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the hereinafter “Environmental Laws”), which violation, individually or in violation involves the aggregate, could reasonably be expected to Collateral Property and would have a Material Adverse Effectmaterial adverse effect on the business, assets or financial condition of the Borrower or any Guarantor. (b) Except with With respect to any such matters that could not reasonably be expected to have a Material Adverse Effectthe Collateral Property, neither none of the Borrower nor any of its Significant Subsidiaries or the Guarantors has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them it has generated, transported or disposed of, has of have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries Guarantor conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected With respect to have a Material Adverse Effectthe Collateral Property, (i) no portion of the Real Collateral Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental LawsLaws in all material respects, and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Collateral Property; (ii) in the course of any activities conducted by either the Borrower, its Significant Subsidiaries, Borrower or the Guarantors or the operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Collateral Property except in the ordinary course of business and in accordance with applicable Environmental LawsLaws in all material respects; (iii) there have has been no unpermitted Releases past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a “Release”) or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property Collateral Property, or, to the best of the Borrower’s and Guarantors’ knowledge, on, upon, into or from the other assets properties of the Borrower or its Significant Subsidiariesthe Guarantors, which Release would have a material adverse effect on the value of the Collateral Property or adjacent properties or the environment; (iv) to the best of the Borrower’s and Guarantors’ knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of any of the Collateral Property which through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Collateral Property; and (ivv) any Hazardous Substances that have been generated on the Real Collateral Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite off-site only by carriers having an identification number issued by the EPA, EPA or approved by a state or local environmental regulatory authority having jurisdiction regarding the transportation of such substance and treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under all applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s and Guarantors’ knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) None of the Borrower, the Guarantors, their respective Subsidiaries, or the Collateral Property is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement (i) by virtue of the transactions set forth herein and contemplated hereby, or (ii) as a condition to the recording of the Security Documents or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have taken all steps that they have deemed reasonably necessary to investigate appropriate inquiry into the past and present condition and usage previous ownership of the Real Property and the operations conducted by the Borrower and its Subsidiaries Estate consistent with good commercial or customary practice and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in to the Disclosure Documentsbest of the Borrowers’ knowledge: (a) Neither none of the BorrowerBorrowers, its Significant Subsidiaries, nor their Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including including, without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually violation would have a material adverse effect on the environment or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither none of the Borrower Borrowers nor any of its Significant their Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 7.17 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiaries, their Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e., any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower Borrowers or its Significant their Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrowers’ knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers’ knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) none of the Borrowers nor any of their Subsidiaries, or any of the Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any Governmental Authority or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate To the past and present condition and usage best of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure DocumentsBorrower’s knowledge: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually or in the aggregate, violation could reasonably be expected to have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effectexcept as set forth on Schedule 3.18, neither none of the Borrower nor any of its Significant Subsidiaries has received notice from any third party includingparty, without limitation: including any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X300 Appendix B, except to the extent that the obligation or liability of the Borrower or such Subsidiary with respect to such site could not reasonably be expected to result in a Material Adverse Effect; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law, except to the extent that the obligation or liability of the Borrower or such Subsidiary with respect to such Hazardous Substances could not reasonably be expected to result in a Material Adverse Effect; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances., which, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; and (c) Except for those occurrences except as set forth on Schedule 3.18 or situations that as could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e., any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases could reasonably be expected to have a Material Adverse Effect; (iv) to the best of the Borrower’s knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, could reasonably be expected to have a Material Adverse Effect; and (ivv) any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage (a) None of the Real Property and Borrower, the operations conducted by Guarantors, their respective Subsidiaries nor to the knowledge of the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither the Borrower, its Significant SubsidiariesGuarantors any operator of any Real Estate, nor any operator of their propertiesoperations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”)Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the hereinafter “Environmental Laws”), which violation, individually violation (i) involves Real Estate (other than the Subject Properties) and has had or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect or (ii) involves a Subject Property. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effectas set forth on Schedule 6.20(b) hereto, neither none of the Borrower Borrower, the Guarantors nor any of its Significant their respective Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, Governmental Authority (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA any Environmental Law or with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them it has generated, transported or disposed of, of or that has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower Borrower, any Guarantor or any of its Significant their respective Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iiiii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. Substances or violation of Environmental Laws, which in any case (cA) Except for those occurrences involves Real Estate other than the Subject Properties and has had or situations that could not reasonably be expected to have a Material Adverse Effect, Effect or (B) involves a Subject Property. (i) no No portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate except those which are being operated and maintained in compliance with Environmental Laws; (iii) in the course of any activities conducted by the Borrower, its Significant Subsidiariesany Guarantor, or their respective Subsidiaries or, to the best knowledge and belief of the Borrower, the operators of the Real Property or other assets of the Borrower and its Significant Subsidiariestheir properties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in the ordinary course of business and in accordance with applicable Environmental Laws; (iiiiv) there have has been no unpermitted Releases past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (other than the storing of materials in reasonable quantities to the extent necessary for the operation of such property in the ordinary course of business, and in any event in compliance with all Environmental Laws) (a “Release”) or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Subject Properties, which Release would reasonably be expected to have a material adverse effect on the value of such Subject Property or adjacent properties, or from any other assets Real Estate; (v) except as set forth on Schedule 6.20(c) hereto, there have been no Releases on, upon, from or into any real property in the vicinity of any of the Borrower Real Estate which, through soil or its Significant Subsidiariesgroundwater contamination, may have come to be located on, and which could be reasonably anticipated to have a material adverse effect on the value of, the Real Estate; and (ivvi) any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under off-site in accordance with all applicable Environmental Laws, except with respect to all of the foregoing in this §6.20(c) as to (A) any Real Estate (other than the Subject Properties) where the foregoing has not had or could not reasonably be expected to have a Material Adverse Effect and (B) any Subject Property. (d) There has been no claim by any party that any use, operation, or condition of the Real Estate has caused any nuisance or any other liability or adverse condition on any other property which transporters and facilities as to any Real Estate other than a Subject Property has had or could reasonably be expected to have been and area Material Adverse Effect, to the Borrower’s knowledge, operating in compliance with nor is there any knowledge of any basis for such permits and applicable Environmental Lawsa claim.

Environmental Compliance. The Borrower and its Subsidiaries have Issuer has taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the BorrowerIssuer, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”)Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually or in the aggregate, violation could reasonably be expected to have a material adverse effect on the environment or a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower Issuer nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the Borrower any Issuer or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that Substances except where any of the foregoing could not reasonably be expected to have a Material Adverse Effect, ; (c) except as set forth on Schedule 8.18 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the BorrowerIssuer, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; , except where any failure to comply could not reasonably be expected to result in a Material Adverse Effect, (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower Issuer or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Issuer’s knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrowerbest of the Issuer’s knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) none of the Issuer and its Subsidiaries, any real property subject to a mortgage or any of the other Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any Governmental Authority or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the recording of any Mortgage or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary Company or an Affiliate or agent thereof has conducted or caused to investigate be conducted Phase I environmental site assessments with respect to the past usage and condition of the Mortgaged Property and the operations conducted thereon, and is familiar with the present condition and usage of the Real Mortgaged Property and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigationreports and knowledge, have determined that, except as set forth on Schedule 6.15 or in makes the Disclosure Documentsfollowing representations and warranties: (a) Neither With respect to the BorrowerReal Properties, its Significant Subsidiariesnone of the Company or any Subsidiary, nor or any operator of their properties, operations at such Real Properties is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including including, without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “hereinafter "Environmental Laws”"), which violationviolation involves the Mortgaged Property, individually or in the aggregate, could reasonably be expected to and would have a Material Adverse Effectmaterial adverse effect on the environment or the continued operation of the Real Properties or the business, assets or financial condition of the Company and its Subsidiaries, taken as a whole, or materially impair the fair saleable value of such Real Properties. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither Neither the Borrower Company nor any of its Significant Subsidiaries Subsidiary has received any notice from any third party party, including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss.9601(5), any hazardous substances as defined by 42 U.S.C. §9601(14ss.9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them it has generated, transported or disposed of, has of have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries such Person conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected With respect to have a Material Adverse Effect, the Real Properties: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Properties has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws, and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Properties; (ii) in the course of any activities conducted by the BorrowerCompany, its Significant Subsidiaries, any Subsidiary or the operators of the such Real Property or other assets of the Borrower and its Significant SubsidiariesProperties, no Hazardous Substances have been generated or are being used on such properties any Real Properties except in the ordinary course of business and in accordance with applicable Environmental Laws; (iii) to the best of the Company's and each Subsidiary's knowledge, there have has been no unpermitted Releases past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a "Release") or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property or other assets Properties, which Release would have a material adverse effect on the value of any of the Borrower Real Properties or its Significant Subsidiariesadjacent properties or the environment; (iv) to the best of the Company's and each Subsidiary's knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of any of the Real Properties which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Properties; and (ivv) to the best of the Company's and each Subsidiary's knowledge and belief, any Hazardous Substances that have been generated on the Real Property or other assets any of the Borrower or its Significant Subsidiaries Mortgaged Property have been transported offsite off-site only by carriers having an identification number issued by the EPAEPA or approved by a state or local environmental regulatory authority having jurisdiction regarding the transportation of such substance and, to the best knowledge of the Company and each Subsidiary without independent investigation, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under all applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Company's and each Subsidiary's knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) Neither the Company, any Subsidiary nor any of the Real Properties is required by any applicable Environmental Law to perform Hazardous Substances site assessments, or remove or remediate Hazardous Substances, or give notice to any governmental agency or to record or deliver to other Persons an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby.

Environmental Compliance. The To the best knowledge of the Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary Subsidiaries, based upon reasonable inquiries to investigate the past Sellers and present condition and usage of the Real Property and the operations based upon Phase I environmental site assessments conducted by the Borrower on its Austin, Texas and its Subsidiaries andLouisville, based upon such diligent investigationKentucky facilities and the review of the 1994 site assessment conducted by X.X. Xxxxxxx Company, have determined thatInc. with respect to the North Attleboro, except as set forth on Schedule 6.15 or in Massachusetts facilities (collectively, the Disclosure Documents:"Environmental Reports"): (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”)Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could violation would reasonably be expected to have a Material Adverse Effect.material adverse effect on the environment or the business or financial condition of the Borrower and its Subsidiaries taken as a whole; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss.6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14ss.9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), which any one of them has ") have been generated, transported or disposed of, has been found at any site at which where a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations , in any case except to the extent that could the foregoing would not reasonably be expected to have a Material Adverse Effect, material adverse effect on the business or financial condition of the Borrower and its Subsidiaries taken as a whole; (c) except as set forth on Schedule 10.18 attached hereto and except to the extent not reasonably expected to have a material adverse effect on the business or financial condition of the Borrower and its Subsidiaries taken as a whole: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle used to store Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or any of its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) None of the Borrower and its Subsidiaries, any Mortgaged Property or any of the other Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth and contemplated in the Loan Documents or the Acquisition Documents, or as a condition to the recording of any Mortgage or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The (a) None of the Borrower, the Guarantors, their respective Subsidiaries nor to the best knowledge and belief of the Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage Guarantors any operator or manager of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither the Borrower, its Significant SubsidiariesEstate, nor any operator of their propertiestenant or operations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the hereinafter “Environmental Laws”), which violation, individually violation (i) involves Real Estate (other than the Unencumbered Borrowing Base Properties) and has had or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect or (ii) involves an Unencumbered Borrowing Base Property and has caused or could reasonably be expected to cause a violation of §7.17(a)(ii). (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse EffectNone of the Borrower, neither the Borrower Guarantors nor any of its Significant their respective Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authorityGovernmental Authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA any Environmental Law or with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them it has generated, transported or disposed of, of or has been found at any site at which a federalsite, state, provincial, territorial or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding arising out of any third party’s incurrence of costs(in each case, expenses, losses contingent or damages of any kind whatsoever otherwise) in connection with the Release release of Hazardous Substances. Substances or violation of Environmental Laws, which in any case (ci) Except for those occurrences involves Real Estate other than the Unencumbered Borrowing Base Properties and has had or situations that could not reasonably be expected to have a Material Adverse EffectEffect or (ii) involves an Unencumbered Borrowing Base Property and has caused or could reasonably be expected to cause a violation of §7.17(a)(ii). (c) Except as set forth in Schedule 6.20 hereto, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; , and (ii) in the course of no underground tank or other underground storage receptacle for Hazardous Substances is located on any activities conducted by the Borrower, its Significant Subsidiaries, or operators portion of the Real Property or other assets of the Borrower Estate except those which are being operated and its Significant Subsidiaries, maintained in compliance with Environmental Laws; (iii) no Hazardous Substances have been generated (as to predecessors in title of REIT, Borrower or their Subsidiaries, to the best of Borrower’s knowledge) or are being used on such properties the Real Estate except in the ordinary course of business and in accordance with applicable Environmental Laws; (iiiiv) there have has been no unpermitted Releases past (as to predecessors in title of REIT, Borrower or their Subsidiaries, to the best of Borrower’s knowledge) or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (other than the storing of materials in reasonable quantities to the extent necessary for the operation of properties, as applicable, of the type and size of those owned by the Borrower, the Guarantors and their respective Subsidiaries in the ordinary course of their business, and in any event in compliance with all Environmental Laws) (a “Release”) or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant SubsidiariesEstate; and (ivv) any Hazardous Substances that have been generated on any of the Real Estate have been transported off-site in accordance with all applicable Environmental Laws, except with respect to the foregoing in this §6.20(c) as (A) any Real Estate (other than the Unencumbered Borrowing Base Properties) where the foregoing has not had or could not reasonably be expected to have a Material Adverse Effect and (B) any Unencumbered Borrowing Base Property or other assets where the foregoing has not caused and could not reasonably be expected to cause a violation of §7.17(a)(ii). (d) None of the Borrower or its Significant Subsidiaries the Guarantors have been transported offsite only received any written notice of any claim by carriers having an identification number issued by any party that any use, operation, or condition of the EPAReal Estate has caused any nuisance or any other liability or adverse condition on any other property which (i) as to any Real Estate other than a Unencumbered Borrowing Base Property has had or could reasonably be expected to have a Material Adverse Effect, treated nor is there any knowledge of any basis for such a claim or disposed (ii) with respect to any Unencumbered Borrowing Base Property has caused or could reasonably be expected to cause a violation of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws§7.17(a)(ii).

Environmental Compliance. The Borrower and its Subsidiaries Each of the Obligors have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the its Real Property and the operations conducted by the Borrower and its Subsidiaries it and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither None of the Borrower, its Significant SubsidiariesObligors, nor any operator of their properties, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act Act, (“RCRA”), ) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither none of the Borrower nor any of its Significant Subsidiaries Obligors has received notice from any third party including, without limitation: any federal, state, provincial, territorial or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; 300 Appendix B, (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“Hazardous Substances”), which any one of them has generated, transported or disposed of, has been found at any site at which a federal, state, provincial, territorial or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries an Obligor conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; , or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, legal or administrative proceeding arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, Effect (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Obligors has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; , (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Obligors or their respective operators of the Real Property or other assets of the Borrower and its Significant SubsidiariesObligors, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; , (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries; Obligors, and (iv) any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries Obligors have been transported offsite only by carriers having an identification number issued by the EPAEPA or other relevant Governmental Authority, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s Obligors’ knowledge, operating in compliance with such permits and applicable Environmental Laws.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the Borrower, Borrower or any of its Significant Subsidiaries, nor any operator of their properties, Subsidiaries is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SARA"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.material adverse effect on the environment or the business, assets or financial condition of the Borrower or any of its Subsidiaries; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; (iixi) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss.6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14ss.9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on SCHEDULE 8.18 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, Borrower or any of its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) none of the Borrower and its Subsidiaries, or any of the Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all steps that they have deemed reasonably necessary action to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in makes the Disclosure Documents:following representations and warranties to its knowledge. (a) Neither None of the Borrower, its Significant Subsidiaries, nor or any operator of their propertiesthe Real Estate, or any operations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, Act or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually violation involves the Land or in the aggregate, could reasonably be expected to would have a Material Adverse Effectmaterial adverse effect on the environment or the business, assets or financial condition of the Borrower. (b) Except with respect to any such matters that could The Borrower has not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: limitation any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5§ 9601(5), any hazardous substances as defined by 42 U.S.C. §§ 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §U.S.C.§ 9601(33) or any toxic substancesubstances, oil or hazardous materials as defined by M.G.L. c. .21E, or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous SubstancesMaterials”), ) which any one of them it has generated, transported or disposed of, has of have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries the Guarantor conduct a remedial investigation, removal or other response action pursuant to any Environmental LawLaws; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous SubstancesMaterials. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, as set forth on Exhibit “M” attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances Materials except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Materials is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or the operators of the Real Property or other assets of the Borrower and its Significant Subsidiariestheir properties, no Hazardous Substances Materials have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have has been no unpermitted Releases past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a “Release”) or threatened Releases Release of Hazardous Substances Materials on, upon, into or from the Real Property or other assets Estate, which Release would have a material adverse effect on the value of any of the Borrower Real Estate or its Significant Subsidiariesadjacent properties or the environment; (iv) to the best of the Borrower’s knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) any Hazardous Substances Materials that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) Except as set forth in Exhibit M, none of the Real Estate is or shall be subject to any applicable environmental clean-up responsibility law or environmental restrictive transfer law or regulation, by virtue of the transactions set forth herein and contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all necessary steps that they have deemed reasonably necessary ------------------------ to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial local or local foreign statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither none of the Borrower nor any of and its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss.6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14ss.9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 5.18 attached hereto: (i) no -------- ---- portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) None of the Borrower and its Subsidiaries or any of the Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the recording of any Mortgage or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Except as set forth on Schedule 6.18 attached hereto, each of Borrower and its Subsidiaries have the Parent has taken all commercially reasonable steps that they have deemed reasonably necessary (determined as of the time of investigation) to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: : (a) Neither neither the Borrower, its Significant Subsidiaries, Borrower nor the Parent nor any operator of their properties, Subsidiaries nor any operation on the Real Estate is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, violation could reasonably be expected to have a Material Adverse Effect. material adverse effect on the environment or the business, assets or financial condition of the Borrower, the Parent and their Subsidiaries taken as a whole; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor the Parent nor any of its Significant their Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that any of the Borrower Borrower, the Parent or any of its Significant their Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except , liability for those occurrences or situations that which could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, assets or financial condition of the Borrower, the Parent and their Subsidiaries, taken as a whole; (c) (i) to the best of the Borrower's, the Parent's and their Subsidiaries' knowledge, no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance material compliance with applicable Environmental Laws; (ii) in the course of any activities conducted by any of the Borrower, its Significant Subsidiariesthe Parent, any of their Subsidiaries or operators to the best knowledge of the Real Property or other assets executive officers of the Borrower and its Significant Subsidiariesor the Parent without independent investigation, operators of their properties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance material compliance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of any of the Borrower Borrower, the Parent or its Significant any of their Subsidiaries, which releases or threatened releases could reasonably be expected have a material adverse effect on the value of any of the Real Estate or adjacent properties; (iv) to the best of the Borrower's and the Parent's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated managed or disposed of only by treatment or disposal facilities maintaining valid permits as required under in material compliance with applicable Environmental Laws, which and, to the best of the Borrower's, the Parent's, and their Subsidiaries' knowledge, without independent investigation, the transporters and facilities have been and areutilized by the Parent, to the Borrower’s knowledge, operating or any of their Subsidiaries to transport or dispose of such Person's Hazardous Substances have not failed to operate in compliance with any permits authorizing such permits activities and are not in material violation of any applicable Environmental Laws; and (d) neither the Borrower nor the Parent nor any of their Subsidiaries nor any of the Real Estate is subject, by virtue of the transactions set forth herein and contemplated hereby, to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement. 6.19. Subsidiaries, etc. Schedule 6.19 sets forth all of the Subsidiaries of each of the Parent and the Borrower. Except as set forth on Schedule 6.19 hereto, neither the Borrower nor the Parent nor any of their Subsidiaries is engaged in any joint venture or partnership with any other person.

Environmental Compliance. The Borrower and its Material Subsidiaries have taken all steps that they have reasonably deemed to be reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither except as would not reasonably be expected to have a Material Adverse Effect, neither the Borrower, nor its Significant Material Subsidiaries, nor any operator of their propertiesany Real Estate, nor any operations thereon, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”)of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”)1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable internationaland all Canadian federal, United States federal, state, local, provincial, territorial or local statuteforeign law, regulationstatutes, ordinanceregulations, order ordinances, Rules, orders, decrees, permits, concessions, grants, franchises, licenses, agreements or decree governmental restrictions relating to health, safety, waste transportation or disposal, pollution or the protection of the environment or the release of any materials into the environment, including those related to hazardous substances or wastes, air emissions or discharges to public or private wastewater systems (the “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; (b) Except except, with respect to notices (or any such matters that could related proceedings or other actions), as would not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Material Subsidiaries has received written notice from any third party includingparty, without limitation: including any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X300 Appendix B; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) ), or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“Hazardous Substances”), Materials which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the Borrower or any of its Significant Material Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it any one of them is or shall will be a named party to any claim, action, cause of action, complaint, complaint or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.Materials; (c) Except for those occurrences or situations that could except as would not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used by the Borrower or any of its Subsidiaries for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental LawsMaterials and no underground tank or other underground storage receptacle for Hazardous Materials is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, Borrower or its Significant Material Subsidiaries, or, to the knowledge of the Borrower or any of its Material Subsidiaries, by any other operators of the Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances Materials have been generated or are being used on such properties except in accordance with applicable Environmental Lawsthe Real Estate; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances Materials on, upon, into or from the Real Property or other assets Estate; (iv) to the knowledge of the Borrower or any of its Significant SubsidiariesMaterial Subsidiary, there have been no unpermitted Releases of Hazardous Materials on, upon, into or from any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on the Real Estate; and (ivv) any Hazardous Substances Materials that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate that are regulated as hazardous have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), and treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledgeknowledge of the Borrower or any Material Subsidiary, operating in compliance with such permits and applicable Environmental Laws; and (d) except as would not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Material Subsidiaries is required under any applicable Environmental Law to perform Hazardous Materials site assessments, or remove or remediate Hazardous Materials, or provide notice to any Governmental Authority or record or deliver to other Persons an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and has (i) caused Phase I environmental assessments to be conducted with respect to the Real Estate Assets, and/or (ii) received a copy of Phase I environmental assessments with respect to the Real Estate Assets in connection with its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage acquisition of the Real Property and Estate Assets. Based on the operations conducted information contained in the reports received by the Borrower with respect to said environmental assessments, the Borrower makes the following representations and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documentswarranties: (a) Neither Except as may be set forth on Schedule 6.18, to the best of the Borrower’s knowledge none of the Borrower, its Significant Subsidiariesthe Company, nor any other Guarantor, any of the Related Companies or any operator of their propertiesthe Real Estate or any portion thereof, or any operations thereon is in violation, or alleged material violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental mattersmatters (hereinafter collectively referred to as the “Environmental Laws”), including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (environment, including, without limitation, the “Environmental Laws”)environmental statutes, regulations, orders and decrees of the States in which any of the Unencumbered Properties may be located, which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse EffectEffect or would materially decrease the value of an Unencumbered Property. The foregoing, representations and warranties that relate to Unencumbered Properties shall be subject to the last sentence of §12.1(e). (b) Except with respect to as set forth on Schedule 6.18 attached hereto, none of the Borrower, any such matters that could not reasonably be expected to have a Material Adverse EffectGuarantor, neither the Borrower nor any of its Significant Subsidiaries Company or the Related Companies has received written notice from any third party including, without limitation: limitation any federal, state, provincial, territorial state or local governmental authorityauthority with respect to any of the Unencumbered Properties or otherwise if the same would have a Material Adverse Effect, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances or wastes of any nature regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous SubstancesMaterials”), ) which any one of them it has generated, transported or disposed of, has of have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower Borrower, any Guarantor, the Company or any of its Significant Subsidiaries the Related Companies conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous SubstancesMaterials. The foregoing, representations and warranties that relate to Unencumbered Properties shall be subject to the last sentence of §12.1(e). (c) Except for those occurrences as set forth on Schedule 6.18 attached hereto or situations that could except to the extent the same would not reasonably be expected to have a Material Adverse Effect, (i) to the best of the Borrower’s knowledge no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances Materials except in accordance material compliance with applicable Environmental Laws; and except as set forth on Schedule 6.18, no underground tank or other underground storage receptacle for Hazardous Materials is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiariesany Guarantor, the Company, any of the Related Companies or the operators of any Real Estate, or operators to the best of the Borrower’s knowledge, any ground or space tenants on any Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances Materials have been generated or are being used on such properties the Real Estate except in accordance material compliance with applicable Environmental Laws; (iii) there have has been no unpermitted Releases present, or to the best of the Borrower’s knowledge past, releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a “Release”) or threatened Releases Release of Hazardous Substances Materials on, upon, into or from any Real Estate; (iv) to the best of the Borrower’s knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of any of the Real Property Estate which, through soil or other assets of the Borrower or its Significant Subsidiariesgroundwater contamination, may have come to be located on; and (ivv) to the best of the Borrower’s knowledge, any Hazardous Substances Materials that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s knowledge, operating in material compliance with such permits and applicable Environmental Laws. Notwithstanding that any representation contained herein may be limited to the knowledge of the Borrower, any such limitation shall not affect the covenants specified in §7.10 or elsewhere in this Agreement. The foregoing, representations and warranties that relate to Unencumbered Properties shall be subject to the last sentence of §12.1(e). (d) None of the Real Estate is or shall be subject to any applicable environmental clean-up responsibility law or environmental restrictive transfer law or regulation, solely by virtue of the transactions set forth herein and contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Domestic Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SARA"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, violation could reasonably be expected to have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Domestic Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; (iixi) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss.6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14ss.9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant Domestic Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on SCHEDULE 7.18 attached hereto: (i) to the Borrower's knowledge, no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and, to the Borrower's knowledge, no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws, except where such noncompliance could not reasonably be expected to have a Material Adverse Effect; (iii) to the Borrower's knowledge, there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated by or on the Real Property or other assets behalf of the Borrower or its Significant Subsidiaries have on any of the Real Estate have, to the Borrower's knowledge, been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws.; and

Environmental Compliance. The Borrower and its Subsidiaries have has taken all ------------------------- necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss.6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14ss.9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 7.18 attached hereto: (i) no -------- ---- portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) None of the Borrower and its Subsidiaries or any of the Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the recording of any Mortgage or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all reasonable steps that they have deemed reasonably necessary ------------------------ to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, that except as set forth on Schedule 6.15 or in the Disclosure Documents:10.18 hereto: -------- ----- (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or or, to the best of the Borrower's knowledge, alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries, considered as a whole; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5(S)6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14(S)9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33(S)9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.Substances which claim, cause of action or proceeding could have any of the effects described in (S)9.7; (c) Except for those occurrences during the period of the Borrower's or situations that could not reasonably be expected its Subsidiaries' ownership, and to have a Material Adverse Effect, the best of the Borrower's knowledge with respect to all periods prior thereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances hazardous waste, as defined by 42 U.S.C. (S)6903(5) that have has been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries have Estate has been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) None of the Borrower and its Subsidiaries, any Mortgaged Property or any of the other Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the recording of any Mortgage or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have caused environmental assessments to be conducted and/or taken all other steps that they have deemed reasonably necessary to investigate the past and present environmental condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries and, based thereon. Based upon such diligent assessments and/or investigation, have determined that, except as set forth on Schedule 6.15 or in 7.18, the Disclosure DocumentsBorrowers represent and warrant that: (a) Neither the None of any Borrower, its Significant Subsidiariesany Guarantor, nor any of their respective Subsidiaries or any operator of their propertiesthe Real Estate or any portion of such Real Estate, or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXXSXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violationviolation or alleged violation has, individually or in the aggregateits remediation would have, could reasonably be expected to have by itself or when aggregated with all such other violations or alleged violations, a Material Adverse Effect, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. (b) Except with respect to None of any such matters that could not reasonably be expected to have a Material Adverse EffectBorrower, neither the Borrower nor any Guarantor or any of its Significant their respective Subsidiaries has received notice from any third party party, including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; X (1986), (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them it has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower any Borrower, any Guarantor or any of its Significant their respective Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; , or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances; which event described in any such notice would have a material adverse effect on the business, assets or financial condition of any Borrower, any Guarantor or any of their respective Subsidiaries, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effectas set forth on Schedule 7.18, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of any Real Estate except in accordance with applicable Environmental Laws, (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiariesany Guarantors, their respective Subsidiaries or the operators of their respective properties, or operators of the any ground or space tenants on any Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances have been generated or are being used on such properties Real Estate except in accordance with applicable Environmental Laws; , (iii) there have has been no unpermitted Releases present or past releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a “Release”) or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property Estate, (iv) there have been no Releases on, upon, from or other assets into any real property in the vicinity of any of the Borrower Real Estate which, through soil or its Significant Subsidiaries; groundwater contamination, may have come to be located on such Real Estate, and (ivv) any Hazardous Substances that have been generated on any of the Real Property or other assets of the Estate during ownership thereof by a Borrower or its Significant a Guarantor or any of their respective Subsidiaries have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers’ knowledge, operating in compliance with such permits and applicable Environmental Laws; any of which events described in clauses (i) through (v) above would have a material adverse effect on the business, assets or financial condition of any Borrower, any Guarantor or any of their respective Subsidiaries, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. Notwithstanding that the representations contained herein are limited to the knowledge of the Borrowers, any such limitation shall not affect the covenants specified in §8.11 or elsewhere in this Credit Agreement. (d) None of the Borrowers, any Guarantors, their respective Subsidiaries or the Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement, by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby. (e) There has been no change in the status of the information disclosed on Schedule 7.18, that, individually or in the aggregate, has resulted in, or materially increased the likelihood of, a Material Adverse Effect (after taking into account any indemnities, escrows or other similar protections provided by a third party for the matters set forth in Schedule 7.18).

Environmental Compliance. The Borrower and its Subsidiaries have has taken all reasonably prudent steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and Projects including, without limitation, the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in makes the Disclosure Documentsfollowing representations and warranties to Agent and the Lenders: (a) Neither 8.15.1 With respect to the Projects, to Borrower's Knowledge, its Significant Subsidiariesneither Borrower, nor any operator of their properties, operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including including, without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (hereinafter collectively, as the “same may be amended from time to time, the "Environmental Laws”"), which violation, individually or in the aggregate, violation could reasonably be expected to have a Material Adverse Effect. (b) Except with respect to any such matters that could not reasonably be expected to have material adverse effect on the environment or result in a Material Adverse EffectChange. 8.15.2 With respect to the Projects, neither the Borrower nor any of its Significant Subsidiaries has not received notice from any third party including, without limitation: , any federalGovernmental Authority, state, provincial, territorial or local governmental authority, that (i) that any one of them it has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986), which could reasonably be expected to result in a Material Adverse Change; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5Section 9601(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental LawsLaws (hereinafter, excluding household hazardous waste (“collectively, as such definitions may be amended from time to time, "Hazardous Substances”Materials"), which any one of them it has generated, transported or disposed of, has have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law, which could reasonably be expected to result in a Material Adverse Change; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release of Hazardous Substances. (c) Except for those occurrences or situations that Materials, which could not reasonably be expected to have result in a Material Adverse Effect, Change. 8.15.3 That (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Projects has been used for the handling, processing, storage or disposal of Hazardous Substances Materials except in accordance with applicable Environmental Laws; (ii) no underground tank or other underground storage receptacle for Hazardous Materials is located on any portion of the Projects; (iii) in the course of any activities conducted by the Borrower, or to the best of its Significant Subsidiaries, or Knowledge as to the operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances Materials have been generated or are being used in or on such properties the Projects except in accordance with applicable Environmental Laws; (iiiiv) there have has been no unpermitted Releases past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a "Release") or threatened Releases Release of Hazardous Substances Materials on, upon, into or from the Real Property Projects, which Release would have a material adverse effect on the environment or other assets result in a Material Adverse Change; (v) to the best of Borrower's Knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of the Borrower Projects which, through soil or its Significant Subsidiariesgroundwater contamination, may have come to be located on, and which would result in a Material Adverse Change; and (ivvi) any Hazardous Substances Materials that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries Projects have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of Borrower’s knowledge's Knowledge, operating in compliance with such permits and applicable Environmental Laws. 8.15.4 No portion of the Projects is or shall be subject to any applicable environmental clean-up responsibility law or environmental restrictive transfer law or regulation, by virtue of the transactions set forth herein and contemplated hereby. 8.15.5 Without limiting the foregoing, to the best of Borrower's Knowledge, Borrower is operating in compliance with all applicable Environmental Laws with respect to the Real Estate, excepting only such noncompliance as would not result in a Material Adverse Change.

Environmental Compliance. The Borrower and its Subsidiaries have has taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents7.18 hereto: (a) Neither none of the Borrower, its Significant Subsidiaries, nor Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment or any other applicable law, regulation, ordinance, order or decree in any other counry, province or jurisdiction applicable to the Borrower or any of its Subsidiaries (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.material adverse effect on the environment or the business, assets or financial condition of the Borrower or any of its Subsidiaries; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrower's knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or by a similar agency in other jurisdictions, if applicable), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) None of the Borrower and its Subsidiaries or any of the Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have taken all steps that they have deemed reasonably necessary steps to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, : (a) except as set forth on Schedule 6.15 7.18, Part 1, none of the Borrowers, their Subsidiaries or in the Disclosure Documents: (a) Neither the Borrower, its Significant Subsidiaries, nor any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial provincial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually violation would have a material adverse effect on the environment or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effectexcept as set forth on Schedule 7.18, Part 2, neither the Borrower Borrowers nor any of its Significant their Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial provincial or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5ss.6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14ss.9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33ss.9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial provincial or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant respective Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effectexcept as set forth on Schedule 7.18, Part 1 and 2, attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used by the Company or any of its Subsidiaries for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and, to the best of the Company's or its Subsidiaries' knowledge, no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiaries, their Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) to the best of the Borrowers' knowledge, there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower Borrowers or its Significant their Subsidiaries, which releases would have a Material Adverse Effect; (iv) to the best of the Borrowers' knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property Estate by the Company or other assets any of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers' knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) Except as set forth on Schedule 7.18 hereto, none of the Borrowers and their Subsidiaries or any of the Real Estate is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have caused environmental assessments to be conducted and/or taken all other steps that they have deemed reasonably necessary to investigate the past and present environmental condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries and, based thereon. Based upon such diligent assessments and/or investigation, have determined that, except as set forth on Schedule 6.15 or in 7.18, the Disclosure DocumentsBorrowers represent and warrant that: (a) Neither the None of any Borrower, its Significant Subsidiariesany Guarantor, nor any of their respective Subsidiaries or any operator of their propertiesthe Real Estate or any portion of such Real Estate, or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SXXX"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violationviolation or alleged violation has, individually or in the aggregateits remediation would have, could reasonably be expected to have by itself or when aggregated with all such other violations or alleged violations, a Material Adverse Effect, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. (b) Except with respect to None of any such matters that could not reasonably be expected to have a Material Adverse EffectBorrower, neither the Borrower nor any Guarantor or any of its Significant their respective Subsidiaries has received notice from any third party party, including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; X (1986), (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them it has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower any Borrower, any Guarantor or any of its Significant their respective Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; , or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances; which event described in any such notice would have a material adverse effect on the business, assets or financial condition of any Borrower, any Guarantor or any of their respective Subsidiaries, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effectas set forth on Schedule 7.18, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of any Real Estate except in accordance with applicable Environmental Laws, (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiariesthe Guarantors, their respective Subsidiaries or the operators of their respective properties, or operators of the any ground or space tenants on any Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances have been generated or are being used on such properties Real Estate except in accordance with applicable Environmental Laws; , (iii) there have has been no unpermitted Releases present or past releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a "Release") or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property Estate, (iv) there have been no Releases on, upon, from or other assets into any real property in the vicinity of any of the Borrower Real Estate which, through soil or its Significant Subsidiaries; groundwater contamination, may have come to be located on such Real Estate, and (ivv) any Hazardous Substances that have been generated on any of the Real Property or other assets of the Estate during ownership thereof by a Borrower or its Significant a Guarantor or any of their respective Subsidiaries have been transported offsite off-site only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers' knowledge, operating in compliance with such permits and applicable Environmental Laws; any of which events described in clauses (i) through (v) above would have a material adverse effect on the business, assets or financial condition of any Borrower, any Guarantor or any of their respective Subsidiaries, or constitutes a Disqualifying Environmental Event with respect to any Unencumbered Property. Notwithstanding that the representations contained herein are limited to the knowledge of the Borrowers, any such limitation shall not affect the covenants specified in §8.11 or elsewhere in this Credit Agreement. (d) None of the Borrowers, the Guarantors, their respective Subsidiaries or the Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement, by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby. (e) There has been no change in the status of the information disclosed on Schedule 7.18, that, individually or in the aggregate, has resulted in, or materially increased the likelihood of, a Material Adverse Effect (after taking into account any indemnities, escrows or other similar protections provided by a third party for the matters set forth in Schedule 7.18). In addition, the Borrowers represent and warrant that (i) each of (x) that certain Guaranty of Recourse Obligations of Borrower dated as of November 28, 2001by SALP for the benefit of GMAC Commercial Mortgage Corporation and (y) that certain Non-Recourse Indemnification Agreement dated as of February 12, 2002 by SALP for the benefit of PNC Bank, National Association (for purposes of this paragraph, clauses (x) and (y) collectively, the "SALP Terminated Obligations") has terminated and is of no further force and effect, and (ii) that no Borrower nor any Guarantor or other Subsidiary has any surviving or otherwise outstanding obligations under or with respect to the SALP Terminated Obligations.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither neither the Borrower, its Significant Subsidiaries, Subsidiaries nor any operator of their properties, the Collateral or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Subsidiaries has received written notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 7.15 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Collateral has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Collateral; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Collateral except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower or its Significant Subsidiaries, which releases would have a material adverse effect on the value of any of the Collateral or adjacent properties; (iv) to the best of the Borrower’s knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Collateral which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Collateral; and (ivv) in addition, any Hazardous Substances that have been generated on the Real Property or other assets any of the Borrower or its Significant Subsidiaries Collateral have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) Neither the Borrower nor any of its Subsidiaries is subject to any applicable environmental law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby with respect to the Collateral.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have taken all steps that they have deemed reasonably necessary to investigate appropriate inquiry into the past and present condition and usage previous ownership of the Real Property and the operations conducted by the Borrower and its Subsidiaries Estate consistent with good commercial or customary practice and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in to the Disclosure Documentsbest of the Borrowers' knowledge: (a) Neither none of the BorrowerBorrowers, its Significant Subsidiaries, nor their Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including including, without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually violation would have a material adverse effect on the environment or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither none of the Borrower Borrowers nor any of its Significant their Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §U.S.C.Section 6903(5), any hazardous substances as defined by 42 U.S.C. §U.S.C.Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §U.S.C.Section 9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the any Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 7.17 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiaries, their Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e., any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of the Borrower Borrowers or its Significant their Subsidiaries, which releases would have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) to the best of the Borrowers' knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite only by carriers having an identification number issued by the EPAEPA (or the equivalent thereof in any foreign jurisdiction), treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers' knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) none of the Borrowers nor any of their Subsidiaries, or any of the Real Estate is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any Governmental Authority or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents6.15: (a) Neither the Borrower, its Significant Subsidiaries, nor any operator of their properties, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SARA"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable internationalUnited 55 -00- Xxxxxx xx Xxxxxxxx xxxxxxx, federalxxxxx, state, provincialxxovincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “"Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effectmaterial adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries on a consolidated basis. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effectas described on Schedule 6.15, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; (iixi) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“"Hazardous Substances”"), which any one of them has generated, transported or disposed of, has been found at any site at which a federal, state, provincial, territorial or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, legal or administrative proceeding arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no No portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws, except as would not reasonably be expected to have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries on a consolidated basis; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws, except for occurrences that would not have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries on a consolidated basis; (iii) there have been no unpermitted 56 -50- Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries, which Releases would have a material adverse effect on the value of such properties; (iv) to the best of the Borrower's and its Subsidiaries' knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of the Real Property or other assets of the Borrower or its Subsidiaries which, through soil or groundwater contamination, may have come to be located on, and which would reasonably be expected to have a material adverse effect on the value of, such properties; and (ivv) in addition, any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's and its Subsidiaries' knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) None of the Real Property or other assets of the Borrower or its Subsidiaries or any of the stock (or assets) being acquired with proceeds of Loans is or shall be subject to any applicable environmental clean-up responsibility law or environmental restrictive transfer law or regulation, by virtue of the transactions set forth herein and contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries Each of the Parties, have taken all reasonable steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except make the following representations and warranties: (a) Except as set forth on Schedule 6.15 or in 6.17, with respect to any of the Disclosure Documents: (a) Neither Mortgaged Property, and any other Real Estate, none of the Borrower, its Significant SubsidiariesParties, nor any of their respective Subsidiaries or any operator of their propertiesthe Real Estate, or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments Amend ments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually violation involves any of the Mortgaged Property or in the aggregate, could reasonably be expected to involves other Real Estate which would have a Material Adverse Effectmaterial adverse effect on the environment or the business, assets or financial condition of any of the Parties. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effectas set forth on Schedule 6.17, neither annexed hereto, none of the Borrower Parties, nor any of its Significant their respective Subsidiaries has have received notice from any third party including, without limitation: any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them it has been identified by the United States Environmental Protection Agency (“"EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(59601(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them it has generated, transported or disposed of, has of have been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that any of the Borrower Parties, or any of its Significant their respective Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is any of them are or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected With respect to have a Material Adverse Effectany of the Mortgaged Property, and any other Real Estate, except as set forth on Schedule 6.17 attached hereto: (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries Estate has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Mortgaged Property; (ii) in the course of any activities conducted by any of the Borrower, its Significant SubsidiariesParties, or operators any of their respective Subsidiaries or to the best of their knowledge the opera tors of the Real Property or other assets of the Borrower and its Significant SubsidiariesEstate, no Hazardous Substances have been generated or are being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iii) there have has been no unpermitted Releases release i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (a "Release") or threatened Releases Release of Hazardous Substances on, upon, into or from the Real Property Mortgaged Property, or, on upon, into or from the other assets properties of any of the Borrower Parties, or its Significant any of their respective Subsidiaries, which Release would in the case of such other properties have a material adverse effect on the value of any of the Real Estate or adjacent properties or the environment; (iv) there have been no Releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Real Estate; and (ivv) any Hazardous Substances that have been generated on any of the Real Property or other assets of the Borrower or its Significant Subsidiaries Estate have been transported offsite off-site only by carriers having an identification number issued by the EPA, and to the best of each of the Parties knowledge, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of each of the Party's knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) Except as set forth on Schedule 6.17, annexed hereto, none of the Parties, nor any of the Mortgaged Property is subject to any applicable Environmental Law requiring the performance of Hazardous Substances site assessments, or the removal or remediation of Hazardous Substances, or the giving of notice to any governmental agency or the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the recording of the Security Documents or to the effec tiveness of any other transactions contemplated hereby.

Environmental Compliance. The Each Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the such Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither the No Borrower, its no Significant SubsidiariesSubsidiary, nor any operator of their properties, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, the Canadian Environmental Protection Act, 1999, or any applicable international, federal, state, provincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “Environmental Laws”), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the no Borrower nor any of its Significant Subsidiaries Subsidiary has received notice from any third party including, without limitation: any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“Hazardous Substances”), which any one of them has generated, transported or disposed of, has been found at any site at which a federal, state, provincial, territorial or local agency or other third party has conducted or has ordered that the a Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, legal or administrative proceeding arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the a Borrower and its or any Significant Subsidiaries Subsidiary has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the a Borrower, its any Significant Subsidiaries, or operators of the Real Property or other assets of the a Borrower and its or any Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the a Borrower or its any Significant Subsidiaries; and (iv) any Hazardous Substances that have been generated on the Real Property or other assets of the a Borrower or its any Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the each Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither the Borrower, its Significant Material Subsidiaries, nor any operator of their properties, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “"Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor any of its Significant Material Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“Hazardous Substances”), which any one of them has generated, transported or disposed of, has been found at any site at which a federal, state, provincial, territorial or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, legal or administrative proceeding arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries; and (iv) any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws.,

Environmental Compliance. The Borrower and its Subsidiaries have taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except as set forth on Schedule 6.15 or in to the Disclosure DocumentsCredit Agreement: (a) Neither the Borrower, its Significant Subsidiaries, nor any operator of their properties, is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SARA"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, United States or Canadian federal, state, provincial, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “"Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effectmaterial adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries on a consolidated basis. (b) Except with respect as described on Schedule 6.15 to any such matters that could not reasonably be expected to have a Material Adverse Effectthe Credit Agreement, neither the Borrower nor any of its Significant Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; (iixi) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste (“"Hazardous Substances”"), which any one of them has generated, transported or disposed of, has been found at any site at which a federal, state, provincial, territorial or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, legal or administrative proceeding arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no No portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws, except as would not reasonably be expected to have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries on a consolidated basis; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws, except for occurrences that would not have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries on a consolidated basis; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries, which Releases would have a material adverse effect on the value of such properties; (iv) to the best of the Borrower's and its Subsidiaries' knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of the Real Property or other assets of the Borrower or its Subsidiaries which, through soil or groundwater contamination, may have come to be located on, and which would reasonably be expected to have a material adverse effect on the value of, such properties; and (ivv) in addition, any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best of the Borrower’s 's and its Subsidiaries' knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) None of the Real Property or other assets of the Borrower or its Subsidiaries or any of the stock (or assets) being acquired with proceeds of Loans is or shall be subject to any applicable environmental clean-up responsibility law or environmental restrictive transfer law or regulation, by virtue of the transactions set forth herein and contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have taken all steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property and the operations conducted by the Borrower and its Subsidiaries and, based upon such diligent investigation, have determined that, except Except as set forth disclosed on Schedule 6.15 or in the Disclosure Documents6.17: (a) Neither to the Borrowerbest of the knowledge of Xxxxxx US or its Domestic Subsidiaries, none of Xxxxxx US, its Significant Subsidiaries, nor Domestic Subsidiaries or any operator of their properties, the Real Estate currently owned or leased by any one or more of them or in respect of which any of them is an "operator" within the meaning of that term as used in 42 U.S.C. §§9601 et seq. is in violation, or alleged violation, violation of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial analogous state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effect.; (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower Xxxxxx US nor any of its Significant Domestic Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower Xxxxxx US or any of its Significant Domestic Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding arising out of any (in each case, contingent or otherwise) in connection with such third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with caused by the Release release of Hazardous Substances.; and (c) Except for those occurrences to the knowledge of Xxxxxx US or situations that could not reasonably be expected to have a Material Adverse Effectits Domestic Subsidiaries after reasonable inquiry, (i) no portion of the Real Property Estate currently owned or other assets leased by any one or more of them or in respect of which any of them is an "operator" within the Borrower and its Significant Subsidiaries meaning of that term as used in 42 U.S.C. §§9601 et seq. has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental LawsLaws (A) at any time since 1995; or (B) between 1980 and 1995, other than matters which have been closed and could not reasonably be expected to be reopened and as to which the failure to comply with such laws would not have a Material Adverse Effect; or (C) prior to 1980, other matters as to which the failure to comply with such laws would not have a Material Adverse Effect; (ii) no underground tank or other underground storage receptable for Hazardous Substances is located on any portion of that Real Estate except in accordance with applicable Environmental Law; (iii) in the course of any activities business or operations conducted by the BorrowerXxxxxx US, its Significant Subsidiaries, Domestic Subsidiaries or other operators of the Real Property or other assets of the Borrower and its Significant Subsidiariesproperties, no Hazardous Substances have been are currently being generated or are currently being used on such properties the Real Estate except in accordance with applicable Environmental Laws; (iiiiv) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property Estate currently owned or other assets leased by any one or more of them or in respect of which any of them is an "operator" within the meaning of that term as used in 42 U.S.C. §§9601 et seq. of Xxxxxx US or its Domestic Subsidiaries, which releases would have a Material Adverse Effect; (v) there have been no releases from any real property in the vicinity of any of the Borrower Real Estate currently owned or its Significant Subsidiariesleased by any one or more of them or in respect of which any of them is an "operator" within the meaning of that term as used in 42 U.S.C. §§9601 et seq. which, through soil or groundwater contamination, may have come to be located on that Real Estate, and which would have a Material Adverse Effect; and (ivvi) any Hazardous Substances that have been generated on any of the Real Property Estate currently owned or other assets leased by any one or more of them or in respect of which any of them is an "operator" within the Borrower or its Significant Subsidiaries meaning of that term as used in 42 U.S.C. §§9601 et seq. have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental LawsLaws at the time of such transportation, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Lawstreatment or disposal.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have taken all reasonable steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither none of the BorrowerBorrowers, its Significant Subsidiaries, nor the Designated Subsidiaries or any operator of their properties, the Real Estate or any operations thereon is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”"SARA"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could violation would reasonably be expected to have a Material Adverse Effect.materially adverse effect on the business or financial condition of the Borrowers and the Designated Subsidiaries considered as a whole; (b) Except with respect except as set forth on Schedule 7.18 attached hereto or in the financial reports delivered to any such matters that could not reasonably be expected the Securities and Exchange Commission and also provided to have a Material Adverse Effectthe Agent and the Lenders pursuant to Section 8.4 or as otherwise disclosed in writing to the Agent and the Lenders, neither none of the Borrower nor any of its Significant Borrowers or the Designated Subsidiaries has received notice from any third party including, without limitation: , any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 300 Xxxxxxxx X; (iixi) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the Borrower or any of its Significant the Borrowers or the Designated Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances.; (c) Except for those occurrences except as set forth on Schedule 7.18 attached hereto or situations that could not reasonably be expected in the financial reports delivered to have a Material Adverse Effect, the Securities and Exchange Commission and also provided to the Agent and the Lenders pursuant to Section 8.4: (i) no portion of the Real Property Estate has been used, by either Borrower or other assets any Designated Subsidiary, or, to the Best of the Borrower and its Significant Subsidiaries has been used Borrowers' knowledge, any other Person, for the handling, processing, storage or disposal of Hazardous Substances except in accordance with violation of applicable Environmental LawsLaws which violation would reasonably be expected to have a materially adverse effect on the business or financial condition of the Borrowers and the Designated Subsidiaries considered as a whole; and no underground tank or other underground storage receptacle for Hazardous Substances is located on any portion of the Real Estate; (ii) in the course of any activities conducted by the BorrowerBorrowers, its Significant Subsidiaries, the Designated Subsidiaries or operators of the Real Property or other assets any of the Borrower and its Significant Borrowers or the Designated Subsidiaries' properties, no Hazardous Substances have been generated or are being used on such properties except the Real Estate in accordance with violation of applicable Environmental LawsLaws which violation would reasonably be expected to have a materially adverse effect on the business or financial condition of the Borrowers and the Designated Subsidiaries considered as a whole; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of any of the Borrower Borrowers or its Significant the Designated Subsidiaries, which releases would reasonably be expected to have a materially adverse effect on the business or financial condition of the Borrowers and the Designated Subsidiaries considered as a whole; (iv) to the best of the Borrowers' knowledge, there have been no releases on, upon, from or into any real property in the vicinity of any of the Real Estate which, through soil or groundwater contamination, may have come to be located on, and which would reasonably be expected to have a materially adverse effect on the business or financial condition of the Borrowers and the Designated Subsidiaries considered as a whole; and (ivv) in addition, any Hazardous Substances that have been generated on any of the Real Property or other assets of Estate have, to the Borrower or its Significant Subsidiaries have extent required by applicable law, been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers' knowledge, operating in compliance with such permits and applicable Environmental Laws; and (d) Based upon current or currently anticipated use of any Real Estate, none of the Borrowers or the Designated Subsidiaries is required under any applicable environmental law to perform Hazardous Substances site assessments, or to undertake the removal or remediation of Hazardous Substances at the Real Estate, or to give notice to any governmental agency or undertake the recording or delivery to other Persons of an environmental disclosure document or statement by virtue of the transactions set forth herein and contemplated hereby, or as a condition to the effectiveness of any other transactions contemplated hereby.

Environmental Compliance. The Borrower and its Subsidiaries have Each Loan Party has taken all reasonable and necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property Estate and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have has determined that, except as set forth on Schedule 6.15 or in the Disclosure Documents: (a) Neither each Loan Party and each of its respective Subsidiaries conducts in the Borrowerordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof each Loan Party and each of its Significant Subsidiariesrespective Subsidiaries has reasonably concluded that such Environmental Laws and claims could not, nor individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (b) each Loan Party and each of its respective Subsidiaries and any operator of their properties, the Real Estate or any operations thereon is not in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“CERCLA”), the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provinciallocal or foreign law, territorial or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the hereinafter “Environmental Laws”), which violation, individually violation could have a material adverse effect on the environment or in the aggregate, could reasonably be expected to have a Material Adverse Effect.; and (bc) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effect, neither the Borrower nor no Loan Party or any of its Significant respective Subsidiaries has have received notice from any third party including, without limitation: , any federal, state, provincial, territorial or local governmental authorityGovernmental Authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“EPA”) as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx X; (ii) that any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances as defined by 42 U.S.C. §9601(14), any pollutant or contaminant as defined by 42 U.S.C. §9601(33) or and any toxic substancesubstances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“Hazardous Substances”), ) which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial or local agency or other third party Governmental Authority has conducted or has ordered that the Borrower or any of its Significant Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, or legal or administrative proceeding (in each case, contingent or otherwise) arising out of any third party’s incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, (i) no portion of the Real Property or other assets of the Borrower and its Significant Subsidiaries has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; (ii) in the course of any activities conducted by the Borrower, its Significant Subsidiaries, or operators of the Real Property or other assets of the Borrower and its Significant Subsidiaries, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases or threatened Releases of Hazardous Substances on, upon, into or from the Real Property or other assets of the Borrower or its Significant Subsidiaries; and (iv) any Hazardous Substances that have been generated on the Real Property or other assets of the Borrower or its Significant Subsidiaries have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws.

Environmental Compliance. The Borrower and its Subsidiaries Borrowers have taken all necessary steps that they have deemed reasonably necessary to investigate the past and present condition and usage of the Real Property their and their Subsidiaries' properties and the operations conducted by the Borrower and its Subsidiaries thereon and, based upon such diligent investigation, have determined that, except , (a) Except as set forth on Schedule 6.15 4.18 attached hereto, none of the Borrowers, their Subsidiaries or in the Disclosure Documents: (a) Neither the Borrower, its Significant Subsidiaries, nor any operator of their properties, properties is in violation, or alleged violation, of any judgment, decree, order, law, permit, license, rule or regulation pertaining to environmental matters, including without limitation, those arising under the Resource Conservation and Recovery Act (“"RCRA”"), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (“"CERCLA”"), the Superfund Amendments and Reauthorization Act of 1986 (“"XXXX”"), the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, or any applicable international, federal, state, provincial, territorial state or local statute, regulation, ordinance, order or decree relating to health, safety, waste transportation or disposal, safety or the environment (the “hereinafter "Environmental Laws”"), which violation, individually or in the aggregate, could reasonably be expected to violation would have a Material Adverse Effectmaterial adverse effect on the environment or the business, assets or financial condition of the Borrowers on a consolidated basis. (b) Except with respect to any such matters that could not reasonably be expected to have a Material Adverse Effectas set forth on Schedule 4.18 attached hereto, neither the Borrower Borrowers nor any of its Significant their Subsidiaries has received notice from any third party including, without limitation: any federal, state, provincial, territorial state or local governmental authority, (i) that any one of them has been identified by the United States Environmental Protection Agency (“"EPA”") as a potentially responsible party under CERCLA with respect to a site listed on the National Priorities List, 40 C.F.R. Part 000 Xxxxxxxx XX (1986); (ii) that any hazardous waste, as defined by 42 U.S.C. §Section 6903(5), any hazardous substances as defined by 42 U.S.C. §Section 9601(14), any pollutant or contaminant as defined by 42 U.S.C. §Section 9601(33) or and any toxic substance, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws, excluding household hazardous waste Laws (“"Hazardous Substances”), ") which any one of them has generated, transported or disposed of, of has been found at any site at which a federal, state, provincial, territorial state or local agency or other third party has conducted or has ordered that the any Borrower or any of its Significant their Subsidiaries conduct a remedial investigation, removal or other response action pursuant to any Environmental Law; or (iii) that it is or shall be a named party to any claim, action, cause of action, complaint, legal or administrative proceeding arising out of any third party’s 's incurrence of costs, expenses, losses or damages of any kind whatsoever in connection with the Release release of Hazardous Substances. (c) Except for those occurrences or situations that could not reasonably be expected to have a Material Adverse Effect, as set forth on Schedule 4.18 attached hereto: (i) no portion of the Real Property any Borrower's or other assets any of the Borrower and its Significant Subsidiaries their Subsidiaries' properties has been used for the handling, processing, storage or disposal of Hazardous Substances except in accordance with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) in the course of any activities conducted by any of the BorrowerBorrowers, its Significant Subsidiaries, their Subsidiaries or operators of the Real Property or other assets of the Borrower and its Significant Subsidiariestheir properties, no Hazardous Substances have been generated or are being used on such properties except in accordance with applicable Environmental Laws; (iii) there have been no unpermitted Releases releases (i.e. any past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping) or threatened Releases releases of Hazardous Substances on, upon, into or from the Real Property or other assets properties of any of the Borrower Borrowers or its Significant any of their Subsidiaries, which releases would have a material adverse effect on the value of such properties or adjacent properties or the environment; (iv) to the best of the Borrowers' knowledge, there have been no releases on, upon, from or into any real property in the vicinity of the real properties of any of the Borrowers or any of their Subsidiaries which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, any properties of any of the Borrowers or any of their Subsidiaries; and (ivv) in addition, any Hazardous Substances that have been generated on the Real Property or other assets properties of the Borrower Borrowers or its Significant Subsidiaries any of their Subsidiaries, have been transported offsite only by carriers having an identification number issued by the EPA, treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s best of the Borrowers' knowledge, operating in compliance with such permits and applicable Environmental Laws. (d) Except as set forth on Schedule 4.18 attached hereto, none of the properties of the Borrowers or any of their Subsidiaries are or shall be subject to any applicable environmental clean up responsibility law or environmental restrictive transfer law or regulation, by virtue of the transactions set forth herein and contemplated hereby. (e) The Borrowers further represent that they have provided the Bank with true and complete copies of all documents, reports, site assessments, data, communication and other materials in any of their possession or to which they have access, which contain information with respect to potential environmental liabilities of the Borrowers or their Subsidiaries related to compliance with Environmental Laws.