Common use of Environmental Condition Clause in Contracts

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect, (a) to each Loan Party's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiry, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.

Environmental Condition. Except as set forth on Schedule 4.11 to this the Senior Credit Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect, (a) to each Loan Party's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiry, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect4.12, (a) to each Loan Party's Borrowers’ knowledge, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or Party, its Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiryBorrowers’ knowledge, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice written notice, or has knowledge, that a Lien arising under any Environmental Law Lien has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or has incurred any Environmental LiabilityLiability that, and individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change, (e) no Environmental Law regulates, or requires notification to a Governmental Authority of the Closing Date Transactions, (f) no Environmental Action is pending, or to each Loan Party's knowledge’s knowledge is threatened, against a Loan Party, any predecessor in interest or any facilities that may have received Hazardous Materials generated by any Loan Party or any predecessor in interest, (ig) no Environmental Action has been asserted, or to each Loan Party’s knowledge is threatened, against a Loan Party, any predecessor in interest or any facilities that may have received Hazardous Materials generated by any Loan Party or any predecessor in interest; and (h) there has been no Release of Hazardous Materials and there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials atpresent in violation of Environmental Law at any properties currently, uponor to the knowledge of any Loan Party, under formerly owned or within operated by any Real Property Loan Party or any premises leased by the Loan Parties and/or their respective Subsidiariespredecessor in interest, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property at any disposal or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no treatment facility that received Hazardous Materials are present on generated by any Real Property Loan Party or any premises leased by a predecessor in interest, which individually or in the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled aggregate could reasonably be expected to result in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsa Material Adverse Change.

Environmental Condition. 1. Except as set forth on disclosed in Schedule 4.11 4.14, to the knowledge of the Borrower, the Borrower and its Subsidiaries (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Lender in writing after the date of this Agreement and prior to the date such representation is deemed given)(i) have obtained all Environmental Permits material for the operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. To the knowledge of the Borrower (or with respect to the giving of this representation after the date of this Agreement, as would nototherwise disclosed to the Lender in writing after the date of this Agreement and prior to the date such representation is deemed given), individually the Borrower and its Subsidiaries are not subject to any actual or contingent Environmental Claim which the Borrower believes in good faith will involve cost or expense to the Borrower or its Subsidiaries in excess of $1,000,000 for any single Environmental Claim, or in excess of $10,000,000 for all such Environmental Claims in the aggregate. 2. Except as disclosed in Schedule 4.14, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse EffectChange; (ii) is subject to a Lien, (a) to each Loan Party's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiry, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under or in connection with any Environmental Law has attached Laws, that attaches to any revenues or to any Real Property owned or operated by a Loan Party the Borrower or any of its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and wherever located; (iii) no has been the site of any Release, use or storage of Hazardous Materials are Substances or Hazardous Wastes from present on or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any Real Property third-party site any condition that has resulted in or any premises leased by could reasonably be expected to result in the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary need for the operation Response or (iv) none of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsImprovements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Parent, for itself and the other Loan Parties, conducts in the ordinary course of business a review of the effect of existing Environmental Laws relating to remedial obligations 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 the Borrowers have reasonably concluded that such effect of existing Environmental Laws relating to remedial actions and claims alleging potential liability or responsibility for violation of any Environmental Law that has, or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect (including for this purpose taking into account any reserves). (b) Except as otherwise set forth on in Schedule 4.11 to this Agreement 4.12 or as would where such status or condition could not, individually or in the aggregate, have or reasonably be expected to have a Material Adverse Effect: (i) none of the properties currently or, to the knowledge of the Loan Parties, formerly owned or operated by any Loan Party or any of its Subsidiaries is listed or proposed for listing on the NPL or on the CERCLIS or any analogous foreign, state or local list or is adjacent to any such property; (aii) there are no and have never been any underground or above ground storage tanks or any surface impoundments, septic tanks, pits, sumps or lagoons in which Hazardous Materials are being or have been treated, stored or disposed on any property currently owned or operated by any Loan Party or any of its Subsidiaries or, to each the best of the knowledge of the Loan Party's knowledgeParties, no on any property formerly owned or operated by any Loan Party's nor Party or any of its Subsidiaries' properties ; (iii) there is no asbestos or assets has ever been used asbestos-containing material on any property currently owned or operated by a any Loan Party or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiry, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a ; (iv) Hazardous Materials disposal sitehave not been released, discharged or disposed of on any property currently owned or operated by any Loan Party or any of its Subsidiaries; (cv) no neither any Loan Party nor any of its Subsidiaries has received notice that a Lien arising under is undertaking, either individually or together with other potentially responsible parties, any investigation or assessment or remedial or response action relating to any actual or threatened release, discharge or disposal of Hazardous Materials at any site, location or operation, either voluntarily or pursuant to the order of any Governmental Authority or the requirements of any Environmental Law has attached Law; and (vi) all Hazardous Materials generated, used, treated, handled or stored at, or transported to or from, any revenues or to any Real Property property currently owned or operated by a any Loan Party or its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any have been disposed of their respective facilities or operations is subject in a manner that would not reasonably expected to result in liability to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement 4.11, or as would notnot reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, : (a) to its knowledge, the properties owned, leased or operated by each Loan Party's knowledge, no Loan Party's nor any of its Subsidiaries' properties Party and each Subsidiary thereof now or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in the disposal ofpast do not contain, or to produce, store, handle, treat, release, or transportand have not previously contained, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release Materials in amounts or transport was in violation, in any material respect, concentrations which constitute or constituted a violation of any applicable Environmental Law, Laws; (b) to its knowledge, each Loan Party's knowledge after due inquiryParty and each Subsidiary thereof and such properties and all operations conducted in connection therewith are in compliance, and have been in compliance, with all applicable Environmental Laws, and there is no Loan Party's nor any of its Subsidiaries' contamination by Hazardous Materials at, under or about such properties or assets has ever been designated such operations which could interfere with the continued operation of such properties or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, impair the fair saleable value thereof; (c) no Loan Party nor any of its Subsidiaries Subsidiary thereof has received any unresolved notice of violation, alleged violation, non-compliance, liability or potential liability regarding environmental matters, Hazardous Materials, or compliance with Environmental Laws; (d) to its knowledge, Hazardous Materials have not been transported or disposed of to or from the properties owned, leased or operated by any Loan Party or any Subsidiary thereof in violation of, or in a manner or to a location which would reasonably be expected to give rise to liability under, Environmental Laws, nor have any Hazardous Materials been generated, treated, stored or disposed of at, on or under any of such properties in violation of, or in a manner that a Lien arising would reasonably be expected to give rise to liability under, any applicable Environmental Laws; (e) no judicial proceedings or governmental or administrative action is pending, or, to the knowledge of Parent Borrower, threatened, under any Environmental Law has attached to which any Loan Party or any Subsidiary thereof is or, to the knowledge of Parent Borrower, will be named as a potentially responsible party, nor are there any consent decrees or other decrees, consent orders, administrative orders or other orders, or other administrative or judicial requirements outstanding under any applicable Environmental Law with respect to any revenues Loan Party or any Subsidiary thereof; and (f) to any Real Property owned its knowledge, there has been no release or threat of release, of Hazardous Materials at or from properties owned, leased or operated by a any Loan Party or its Subsidiariesany Subsidiary, (d) no Loan Party nor any now or in the past, in violation of its Subsidiaries nor any of their respective facilities or operations is subject in amounts or in a manner that could give rise to any outstanding written order, consent decree, or settlement agreement with any Person relating to any liability under applicable Environmental Law or Environmental Liability, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsLaws.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement 4.14 or as would not, individually or disclosed in the aggregatePhase I Environmental Site Assessment prepared by URS, have a Material Adverse Effectand except for matters that would not reasonably be expected to result in the Borrowers or any of their respective Restricted Subsidiaries incurring material liability, (a) to each Loan Party's Borrowers' knowledge, no Loan Party's nor any none of its Borrowers' or their respective Restricted Subsidiaries' properties or assets has ever been used by a Loan Party or its Borrowers, any of their respective Restricted Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposaluse, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiryBorrowers' knowledge, no Loan Party's none of Borrowers' nor any of its their respective Restricted Subsidiaries' properties is or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a site requiring investigation or remediation due to the disposal or release of Hazardous Materials disposal siteMaterials, (c) no Loan Party none of Borrowers nor any of its their respective Restricted Subsidiaries has have received notice that a Lien arising under any Environmental Law has attached to any revenues of any Borrower or any of its Restricted Subsidiaries or to any Real Property owned or operated by a Loan Party Borrowers or its any of their respective Restricted Subsidiaries, and (d) no Loan Party nor any none of its Subsidiaries Borrowers nor any of their respective facilities or operations is subject to any outstanding written orderRestricted Subsidiaries have received a summons, consent decreecitation, notice, or settlement agreement with directive from the United States Environmental Protection Agency or any Person relating other federal or state governmental agency ("Environmental Claim") concerning any action or omission by any Borrower or any of its Restricted Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment other than Environmental Claims that would not reasonably be expected to any Environmental Law or Environmental Liabilityresult in a Material Adverse Change, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property material Environmental Claims currently pending against Borrowers or any premises leased by the Loan Parties and/or of their respective Restricted Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or 5.14 and except as would not, individually or not reasonably be expected to result in the aggregate, have a Material Adverse EffectChange, (a) to each Loan Party's Obligors’ knowledge, no Loan Party's nor any none of its Obligors’ or their Subsidiaries' ’ properties or assets has ever been used by a Loan Party or its Obligors, their Subsidiaries, or by previous owners or operations operators or any third party in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such use, disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiryObligors’ knowledge, no Loan Party's none of Obligors’ nor any of its their Subsidiaries' ’ properties or assets is, or within the last ten (10) years has ever been been, designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party none of Obligors nor any of its their respective Subsidiaries has have received notice that a an Environmental Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party Obligors or its their Subsidiaries, (d) no Loan Party nor any none of its Subsidiaries nor Obligors or any of their respective facilities or operations is subject to any outstanding written orderSubsidiaries have received a summons, consent decreecitation, notice, or settlement agreement with directive from the United States Environmental Protection Agency or any Person relating other federal or state governmental agency, the UK Environment Agency, a UK Local Authority or predecessors to the same or other competent authorities concerning any action or omission by any Obligor or any Subsidiary of an Obligor resulting from the releasing or disposing of Hazardous Materials into the environment in material violation of any Environmental Law or Environmental LiabilityLaw, and (e) Obligors have provided or otherwise made available to each Loan Party's knowledgeLenders copies of all environmental studies, reports, and other material documents in the possession or knowledge and control of Obligors or the Subsidiary of any Obligors or their advisors relating to any Environmental Actions, Environmental Liabilities and Costs, Remedial Actions, or the presence of any Hazardous Materials (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, uponon, under under, or within migrating to or from any Real Property assets or properties of any Obligor or any premises leased by the Loan Parties and/or their respective SubsidiariesSubsidiary of any Obligor, or (ii) there are no underground storage tanks at any facility at which Hazardous Materials generated, handled, transported or polychlorinated biphenyls on the Real Property disposed of by any Obligor, or any premises leased by the Loan Parties and/or their respective SubsidiariesSubsidiary of any Obligor, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantscame to be located.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect4.11, (a) to each Loan Party's Borrower’s knowledge, no Loan Party's ’s nor any of its Restricted Subsidiaries' ’ properties or assets has ever been used by a Loan Party or Party, its Restricted Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violationviolation of, in any material respector would create Material Liability under, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiry, no Loan Party's ’s nor any of its Restricted Subsidiaries' ’ properties or assets has ever been is designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Restricted Subsidiaries nor any of their respective facilities or operations has received or is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that could reasonably be expected to result in a Material Liability, and (d) no Loan Party nor any of its Restricted Subsidiaries (x) is the subject of any pending, or to Borrower’s knowledge threatened, Environmental Action, or (y) has received written notice from a Governmental Authority regarding a potential violation of Environmental Law. No Loan Party nor any of its Restricted Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Restricted Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement 4.14 or as would not, individually or disclosed in the aggregatePhase I Environmental Site Assessment prepared by URS, have a Material Adverse Effectand except for matters that would not reasonably be expected to result in the Borrowers or any of their respective Restricted Subsidiaries incurring material liability, (a) to each Loan Party's Borrowers’ knowledge, no Loan Party's nor any none of its Borrowers’ or their respective Restricted Subsidiaries' ’ properties or assets has ever been used by a Loan Party or its Borrowers, any of their respective Restricted Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposaluse, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiryBorrowers’ knowledge, no Loan Party's none of Borrowers’ nor any of its their respective Restricted Subsidiaries' ’ properties is or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a site requiring investigation or remediation due to the disposal or release of Hazardous Materials disposal siteMaterials, (c) no Loan Party none of Borrowers nor any of its their respective Restricted Subsidiaries has have received notice that a Lien arising under any Environmental Law has attached to any revenues of any Borrower or any of its Restricted Subsidiaries or to any Real Property owned or operated by a Loan Party Borrowers or its any of their respective Restricted Subsidiaries, and (d) no Loan Party nor any none of its Subsidiaries Borrowers nor any of their respective facilities or operations is subject to any outstanding written orderRestricted Subsidiaries have received a summons, consent decreecitation, notice, or settlement agreement with directive from the United States Environmental Protection Agency or any Person relating other federal or state governmental agency (“Environmental Claim”) concerning any action or omission by any Borrower or any of its Restricted Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment other than Environmental Claims that would not reasonably be expected to any Environmental Law or Environmental Liabilityresult in a Material Adverse Change, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property material Environmental Claims currently pending against Borrowers or any premises leased by the Loan Parties and/or of their respective Restricted Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect3.12, (a) to each Loan Party's knowledge, no Loan Party's neither Borrower’s nor any of its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or Borrower, its Subsidiaries, or or, to Borrower’s knowledge, by previous owners or operations operators in the disposal of, or to produce, use, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, use, storage, handling, treatment, release or transport was in violationviolation of, or requires investigation, remediation or other response action under, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiryBorrower’s knowledge, no Loan Party's neither Borrower’s nor any of its Subsidiaries' ’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Laws as a Hazardous Materials disposal site, (c) no Loan Party neither Borrower nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party Borrower or its Subsidiaries, and (d) no Loan Party neither Borrower nor any of its Subsidiaries nor nor, to Borrower’s knowledge, any of their respective facilities or operations is subject to any outstanding written order, judgment, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental LiabilityLiability that, and (e) individually or in the aggregate, could reasonably be expected to each Loan Party's result in a Material Adverse Effect. Except as set forth on Schedule 3.12, there are and, to the Borrower’s knowledge, (i) there are have been, no visible signs of releaseconditions, spillsoccurrences, discharges, leaks or disposal (collectively referred to as "Releases") of activities concerning Hazardous Materials at, upon, which could reasonably be expected to form the basis of Environmental Liability or a claim under or within any Real Property Environmental Law against Borrower or any premises leased by of its Subsidiaries that, individually or in the Loan Parties and/or their respective Subsidiariesaggregate, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance could reasonably be expected to have a Material Adverse Effect. Compliance with all applicable manufacturer's instructions and governmental regulations and current or reasonably foreseeable future requirements pursuant to or under Environmental Laws could not be reasonably expected to have, individually or in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsaggregate, a Material Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect4.12, (a) to each Loan Party's Borrower’s knowledge, no Loan Party's nor any of ’s or its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or Party, its Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental Law, except to the extent that any such violation could not reasonably be expected to result in the incurrence by any Loan Party of any material liability, (b) to each Loan Party's knowledge after due inquiryBorrower’s knowledge, no Loan Party's nor any of ’s or its Subsidiaries' ’ properties or assets has ever been designated or identified by a Governmental Authority in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental LiabilityLiability that, and individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change. (eq) to each Loan Party's knowledge, Section 4.24 of the Credit Agreement is hereby amended by (i) there are no visible signs of releasedeleting the reference to “Subordinated Loan Documents” appearing in clauses (a), spills(b), discharges, leaks or disposal (collectively referred to as "Releases"c) and (d) of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiariessuch section and replacing each such reference with “Senior Secured Note Documents”, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiariesdeleting clause (e) in its entirety, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by adding the Loan Parties and/or their respective Subsidiariesfollowing new clauses (e), excepting such quantities as are handled in accordance with all applicable manufacturer's instructions (f), (g), (h), (i), and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.(j) immediately following clause (d):

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement 4.12 or as would not, individually or in the aggregate, have aggregate could not reasonably be expected to result in a Material Adverse Effect, Change,: (a) to each Loan Party's Borrower’s knowledge, no Loan Party's nor any ’s or each of Parent and each of its Restricted Subsidiaries' ’ properties or assets has have ever been used by a Loan Party or Party, its Restricted Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiryBorrower’s knowledge, no Loan Party's nor any of ’s or its Restricted Subsidiaries' ’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor is in compliance with all applicable Environmental Laws and the requirements of any permits issued under such Environmental Laws; (ii) there are no pending or, to the knowledge of Parent, Holdings and Borrower, Environmental Actions threatened in writing against Parent or any of its Restricted Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to toor any Real Property owned owned, leased or operated by a Loan Party or its SubsidiariesRestricted Subsidiaries (other than any such Lien that has been released), and (d) no Loan Party nor norParent or any of its Restricted Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental LiabilityLiability.(including any such claim arising out of the ownership, lease or operation by Parent or any of its Restricted Subsidiaries of any Real Property formerly owned, leased or operated by Parent or any of its Restricted Subsidiaries but no longer owned, leased or operated by Parent or any of its Restricted Subsidiaries); and (e) to each Loan Party's knowledge, (iiii) there are no visible signs facts, circumstances, conditions or occurrences with respect to the business or operations of releaseParent or any of its Restricted Subsidiaries, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property owned, leased or operated by Parent or any premises leased by of its Restricted Subsidiaries (including, to the Loan Parties and/or their respective Subsidiariesknowledge of Parent, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective SubsidiariesHoldings and Borrower, and (iii) no Hazardous Materials are present on any Real Property formerly owned, leased or operated by Parent or any premises of its Restricted Subsidiaries but no longer owned, leased or operated by Parent or any of its Restricted Subsidiaries) or, to the Loan Parties and/or their respective Subsidiariesknowledge of Parent, excepting Holdings and Borrower, any property adjoining or adjacent to any such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for Real Property that could be reasonably expected to form the operation basis of the commercial business an Environmental Action against Parent or any of the Loan Parties and their respective its Restricted Subsidiaries or any Real Property owned, leased or operated by Parent or any of their tenantsits Restricted Subsidiaries; and (b) Hazardous Materials have not at any time been generated, used, treated or stored on, or transported to or from, or Released on or from, any Real Property currently owned, leased or operated by Parent or any of its Restricted Subsidiaries or, to the knowledge of Parent, Holdings and Borrower, any Real Property formerly owned, leased or operated by Parent or any of its Restricted Subsidiaries or property adjoining or adjacent to any Real Property, where such generation, use, treatment, storage, transportation or Release has violated any applicable Environmental Law or could reasonably be expected to give rise to an Environmental Action.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect4.12, (a) to each Loan Party's knowledgeBorrowers’ knowledge after due inquiry, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was is in violation, in any material respect, of any applicable Environmental Law, (b) Borrowers or their Subsidiaries possess all material authorizations (including without limitation all permits, approvals, licenses, filings, or registrations) from Governmental Authorities required under Environmental Law to each conduct their ethanol production operations, such authorizations are in full force and effect, and Borrowers or their Subsidiaries are operating in material compliance with all such authorizations, (c) to Borrowers’ knowledge, after due inquiry, no Releases of Hazardous Materials have occurred at any of Loan Party's knowledge ’s nor any of its Subsidiaries’ properties or assets that would necessitate Remedial Action under any Environmental Laws, (d) to Borrowers’ knowledge, after due inquiry, no Loan Party's Party nor any of its Subsidiaries' properties or assets Subsidiaries has ever been designated received notice regarding any actual or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal sitealleged violation of or non-compliance with Environmental Laws, (ce) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (df) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding obligation under any written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental LiabilityLiability that, and (e) individually or in the aggregate, could reasonably be expected to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled result in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsa Material Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11 6.14 and except to this Agreement or as would not, individually or the extent not giving rise to any Environmental Claim with a liability to the Company and its Subsidiaries in the aggregate, have a Material Adverse Effect, excess of $10,000,000 after giving effect to any insurance proceeds reasonably expected to be available: (a) to The operations of the Company and each Loan Party's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Subsidiaries comply with all Environmental Law, Laws. (b) to The Company and each Loan Party's knowledge after due inquiry, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been designated or identified Subsidiaries have obtained all Governmental Approvals under Environmental Laws necessary to their respective operations, and all such Governmental Approvals are in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal sitegood standing, and the Company and each of its Subsidiaries are in compliance with all terms and conditions of such Governmental Approvals. (c) no Loan Party Neither the Company nor any of its Subsidiaries has received (a) any notice or claim to the effect that it is or may be liable to any Person as a Lien arising result of or in connection with any Hazardous Materials or (b) any letter or request for information under Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9604) or comparable state laws, and, to the best of the Company’s knowledge, none of the operations of the Company or any of its Subsidiaries is the subject of any federal or state investigation relating to or in connection with any Hazardous Materials at any other location. (d) None of the operations of the Company or any of its Subsidiaries is subject to any judicial or administrative proceeding alleging the violation of or liability under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, Laws. (de) no Loan Party Neither the Company nor any of its Subsidiaries nor any of their respective facilities Facilities or operations is are subject to any outstanding written order, consent decree, order or settlement agreement with any Person Governmental Authority or private party relating to (i) any Environmental Laws or (ii) any Environmental Claims. (f) To the knowledge of the Company, neither the Company nor any of its Subsidiaries has any contingent liability in connection with any release of any Hazardous Materials by the Company or any of its Subsidiaries. (g) Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any predecessor of the Company or any of its Subsidiaries has filed any notice under any Environmental Law indicating past or Environmental Liabilitypresent treatment or release of Hazardous Materials at any Facility, and none of the Company’s or any of its Subsidiaries’ operations involves the generation, transportation, treatment, storage or disposal of hazardous waste pursuant to 40 C.F.R. Parts 260-270 or any state equivalent at any Facility. (eh) to each Loan Party's knowledgeNo Hazardous Materials exist on, under, or about any Facility. Neither the Company nor any of its Subsidiaries has filed any notice or report of a release of any Hazardous Materials. (i) there are no visible signs Neither the Company nor any of releaseits Subsidiaries nor, spillsto the knowledge of the Company, discharges, leaks or disposal (collectively referred to as "Releases") any of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiariespredecessors has disposed of any Hazardous Materials. (j) To the knowledge of the Company, (ii) there are no underground storage tanks or polychlorinated biphenyls surface impoundments are on the Real Property or at any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation Facility of the commercial business Company that do not comply with Applicable Law. (k) No Lien in favor of the Loan Parties and their respective Subsidiaries any person relating to or of their tenantsin connection with any Environmental Claim has been filed or has been attached to any Facility.

Environmental Condition. Except for the real property owned or operated by any of the Borrowers or any of their Subsidiaries in connection with the Exit Strategy Program, which real properties, as set forth of the Closing Date, are listed on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect4.14, (a) to each Loan Party's knowledge, no Loan Party's nor any none of its Subsidiaries' the properties or assets currently or, to Borrowers’ knowledge, formerly owned, leased or operated by Borrowers or their Subsidiaries, has ever been used by a Loan Party or its Borrowers, their Subsidiaries, or by previous owners or operations operators in the disposal disposal, release or treatment of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, except where such disposaluse, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any compliance with applicable Environmental Law, ; (b) to each Loan Party's knowledge after due inquiryBorrowers’ knowledge, no Loan Party's nor any none of its Subsidiaries' the properties or assets currently or formerly owned, leased or operated by Borrowers or their Subsidiaries has ever been the subject of an Environmental Action or designated or identified in any manner pursuant to any environmental protection statute Environmental Laws as a Hazardous Materials disposal site, ; (c) no Loan Party nor none of Borrowers or any of its their Subsidiaries has have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party Borrowers or its their Subsidiaries, ; (d) no Loan Party nor any none of its Subsidiaries nor Borrowers or any of their respective facilities Subsidiaries have received notice of or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating been a party to any Environmental Law Actions concerning any action or omission by any Borrower or any Subsidiary of a Borrower or any properties or assets currently or formerly owned, leased or operated by Borrowers or their Subsidiaries pertaining to (i) violations or alleged violations of Environmental LiabilityLaws or (ii) the presence, and release, threat of release, treatment, storage, disposal, use, production, handling or transport of or exposure to Hazardous Materials; (e) none of the Borrowers or any of their Subsidiaries or any operator of the Real Property is in violation or alleged violation of applicable Environmental Laws; and (f) except in the ordinary course in connection with the Exit Strategy Program, none of the Borrowers or any of their Subsidiaries have, either expressly or by operation of law, assumed or undertaken any obligation to each Loan Party's knowledge, (i) there are no visible signs perform or cause the performance of release, spills, discharges, leaks Remedial Actions or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks indemnify, defend and hold harmless any other Person with respect to matters arising from or polychlorinated biphenyls on the Real Property relating to Environmental Laws, Hazardous Materials, Environmental Liabilities or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsEnvironmental Actions.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect, (a) to each Loan Party's ’s knowledge, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's ’s knowledge after due inquiry, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, and (e) to each Loan Party's ’s knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "“Releases"”) of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's ’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect4.11, (a) to each Loan Party's Borrower’s knowledge, (i) other than with respect to the Real Property Collateral, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or Party, its Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental LawLaw to the extent such violation could reasonably be expected to result in a Material Adverse Effect and (ii) with respect to the Real Property Collateral, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation of any applicable Environmental Law to the extent such violation could either materially impair the value of such property or result in a material liability to a Loan Party, (b) to each Loan Party's knowledge after due inquiryBorrower’s knowledge, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, Liability that in each case as set forth in (c) and (ed) above, individually or in the aggregate, could reasonably be expected to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled result in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsa Material Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect, (a) to the properties and assets of each Loan Party and its Subsidiaries are in compliance with all Environmental Laws and permits issued thereto, (b) there has been no Release of Hazardous Materials at, on, under or migrating from or to any Loan Party's ’s or its Subsidiaries’ properties or assets, (c) there are no current or anticipated Remedial Actions at any Loan Party’s or its Subsidiaries’ properties required under Environmental Law, (d) to Borrowers’ knowledge, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or Party, its Subsidiaries, or by a previous owners owner or operations operator in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (be) to each Loan Party's knowledge Borrowers’ knowledge, after due inquiry, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been designated or identified in by any manner Governmental Authority pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (cf) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, (dg) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law Law, Remedial Action or Environmental Liability, Liability and (eh) Borrowers have made available to each Agent all environmental investigations, studies, audits, reviews or other analysis in relation to any property owned or operated by any Loan Party of its Subsidiaries in the possession of any Loan Party's knowledge, (i) there are no visible signs of releasein each case, spillsexcept as would not, dischargesindividually or in the aggregate, leaks or disposal (collectively referred reasonably be expected to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled result in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsa Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect4.11, (a) to each Loan Party's Borrower’s knowledge, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or Party, its Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge Borrower’s knowledge, after due inquiry, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal sitesite or as a location at which any material Remedial Action is required pursuant to any Environmental Law, (c) no Loan Party nor any of its Subsidiaries has received notice that a an Environmental Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries or that any such Environmental Lien has caused such Real Property to be subject to any material restrictions on the ownership, occupancy, use of transferability of such Real Property by any Loan Party or any of its Subsidiaries, (d) except to the extent such Loan Party or Subsidiary has set aside on its books financial reserves as required by GAAP (or such other generally accepted accounting principles as may be applicable in the relevant jurisdiction), to Borrower’s knowledge, there are no releases of Hazardous Materials at, on, under, from or affecting any Real Property, or other Environmental Liabilities, that are reasonably expected to form the basis of a material Environmental Action against any Loan Party or any of its Subsidiaries and (e) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding Environmental Action or any written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental LiabilityLiability that individually or in the aggregate, and (e) could reasonably be expected to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled result in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsa Material Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect, (a) The operations of the Borrowers and their respective Subsidiaries are in compliance with all applicable limitations, restrictions, conditions, standards, prohibitions, requirements and obligations of Environmental Laws and related orders of any court or other Governmental Authority; (b) There are not any existing, pending or, to each Loan Party's knowledgethe knowledge of any Borrower, no Loan Party's nor threatened actions, suits, claims, investigations, inquiries or proceedings by or before any of its Subsidiaries' properties court or assets has ever been used by a Loan Party any other Governmental Authority directed against Borrowers or its Subsidiaries, their respective Subsidiaries that pertain or by previous owners or operations in the disposal of, or relate to produce, store, handle, treat, release, or transport, (i) any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of remedial obligations under any applicable Environmental Law, (bii) violations by any Borrower or any of its Subsidiaries of any Environmental Law, (iii) personal injury or property damage claims relating to a Release of chemicals or Hazardous Materials, or (iv) response, removal, or remedial costs under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) or any similar state law; (c) With respect to permits and licenses, (i) all licenses, permits, consents, or other approvals required under Environmental Laws that are necessary to the operations of any Borrower or any of its Subsidiaries have been obtained and are in full force, and effect and no Borrower has knowledge of any basis for revocation or suspension of any such licenses, permits, consents or other approvals; (ii) all operations of each Loan Party's Borrower and its Subsidiaries were constructed and have been operated in accordance with the representations and conditions made or set forth in the permit applications and the permits for each Borrower and its Subsidiaries; and (iii) each Borrower and its Subsidiaries have been operated in compliance with such permits, licenses, consents, or approvals, and at the production levels or emission levels specified in such permits, licenses, consents, or approvals; (d) No portion of any property currently or formerly owned, leased or operated by any Borrower or any of its Subsidiaries is part of a site listed on the National Priorities List under CERCLA or any similar ranking or listing under any state law; (e) All Hazardous Materials generated by each Borrower and its Subsidiaries have been transported, stored, treated and disposed of by carriers or treatment, storage and disposal facilities authorized or maintaining valid permits under all applicable Environmental Laws; (f) To the knowledge after due inquiryof the Borrowers and their Subsidiaries, no Loan Party's nor Person has disposed or Released any Hazardous Materials on, at, or under any property currently or formerly owned, leased or operated by any Borrower or any of its Subsidiaries' properties ; (g) No Borrower or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising is currently operating or required to operate under any compliance order, schedule, decree or agreement, any consent decree, order or agreement, or corrective action decree, order or agreement issued or entered into under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, Law; and (dh) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there There are no underground storage tanks located on, at or polychlorinated biphenyls on the Real Property under any property currently or formerly owned, leased or operated by any Borrower or any premises leased by the Loan Parties and/or their respective of its Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.

Environmental Condition. Except as set forth on Schedule 4.11 4.11, and, with respect to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect, (a) to each Loan Party's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiry, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, representations and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls warranties made on the Real Property or any premises leased by the Loan Parties and/or their respective SubsidiariesClosing Date, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation each of the commercial business of the Loan Borrower Parties and their respective Subsidiaries (i) have obtained (or timely applied for) all Environmental Permits necessary for the ownership and operation of their tenantsrespective Properties and the conduct of their respective businesses; (ii) have been and are in compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received written notice or have knowledge of any violation or alleged violation of any Environmental Law or such Environmental Permits; and (iv) are not subject to any actual or contingent action (including by governmental agencies and employees), lawsuit, claim, demand, regulatory action or proceeding, order, decree, consent agreement or written notice of potential or actual responsibility or violation (including laws or requirements relating to health or safety of employees) which seeks to impose liability under any Environmental Law, in each case, which could not reasonably be expected to result in an Environmental Liability of any Borrower Party or Subsidiary in excess of $5,000,000. Except as set forth on Schedule 4.11, with respect to representations or warranties made after the Closing Date, each of the Borrower Parties and their respective Subsidiaries (i) have obtained all Environmental Permits necessary for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received written notice of any violation or alleged violation of any Environmental Law or such Environmental Permits; and (iv) are not subject to any actual or contingent action (including by governmental agencies and employees), lawsuit, claim, demand, regulatory action or proceeding, order, decree, consent agreement or written notice of potential or actual responsibility or violation (including laws or requirements relating to health or safety of employees) which seeks to impose liability under any Environmental Law, except, in any such case where the resulting Environmental Liability of any Borrower Party or Subsidiary from a breach of the same would not reasonably be expected to exceed $5,000,000.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or and except as would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, , (a) to each Loan Party's knowledgeParty and its Subsidiaries has complied and is in compliance with all Environmental Laws, (b) each Loan Party and its Subsidiaries has obtained, has complied with, and is in compliance with all Permits that are required pursuant to Environmental Laws for the occupation of its facilities and the operation of its business, and all such Permits are in full force and effect, free from breach and the Transactions will not adversely affect them, (c) no Loan Party's Party nor any of its Subsidiaries has received any written notice, report or other information regarding any actual or alleged violation of Environmental Law, any Environmental Liability, or any investigation, proceeding or audit pursuant to Environmental Law, (d) none of the following exists at any property or facility owned or operated (whether by fee interest, leasehold, or otherwise) by the Loan Parties or their Subsidiaries' properties , including the Real Property: (i) under or assets above-ground storage tanks, (ii) asbestos containing materials in any form or condition, (iii) materials or equipment containing polychlorinated biphenyls, or (iv) landfills, surface impoundments, or disposal areas, (e) no Loan Party nor any of its Subsidiaries has handled, treated, recycled, stored, transported, disposed of, arranged for or permitted the disposal of, or Released any Hazardous Material, or owned or operated any property or facility (and no such property or facility is contaminated by any such substance) in a manner that has given or would give rise to any Environmental Liability, (f) no property or facility of any Loan Party or any Subsidiary is currently used, or to the Borrower’s knowledge, has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations in for the disposal of, or to produce, store, handle, treat, releaseRelease, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release Release or transport was or is in violation, in any material respect, violation of any applicable Environmental Law, , (bg) to each Loan Party's knowledge the Borrower’s knowledge, after due inquiry, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, , (ch) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property Estate owned or operated by a Loan Party or its Subsidiaries, and (di) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, ruling, decree (including consent decree), judgment, injunction, subpoena, mandate, directive or settlement agreement with any Person relating to any Environmental Law or Environmental Liability (j) no Loan Party nor any of its Subsidiaries has, and either expressly or by operation of law, assumed or undertaken any Environmental Liability of any other Person, and (ek) to each Loan Party's the Borrower’s knowledge, (i) there are no visible signs Loan Party nor any of releaseits Subsidiaries is subject to any environmental condition or circumstance adversely affecting its assets, spillsproperties, discharges, leaks or disposal (collectively referred operations that could reasonably be expected to as "Releases") of Hazardous Materials at, upon, under prevent or within any Real Property hinder continued compliance with Environmental Laws or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantsgive rise to Environmental Liabilities.

Environmental Condition. Except as set forth on in Schedule 4.11 5.14 to this Agreement the Disclosure Schedule or as would notas, individually or in the aggregate, have could not reasonably be expected to result in a Material Adverse Effect, Change: (a) to each Loan Party's knowledge, no Loan Party's nor any of its Subsidiaries' properties all facilities and property (including underlying groundwater) owned or assets has ever been used leased by a Loan Party Borrower or its Subsidiaries, or by previous owners or operations in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiry, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has are in material compliance with all Environmental Laws; (b) within the past three years there have not been, and, to the actual knowledge of Borrower, there are no pending or threatened (i) written claims, complaints, notices or requests for information received notice that a Lien arising under any Environmental Law has attached to any revenues by Borrower or to any Real Property owned or operated by a Loan Party or its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor with respect to any alleged violation of any Environmental Law, or (ii) written complaints, notices or inquiries to Borrower or any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to its Subsidiaries regarding potential liability under any Environmental Law or Environmental Liability, and Law; (ec) to each Loan Party's knowledge, the actual knowledge of Borrower there have been no releases (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases"such term is defined in CERCLA) of Hazardous Materials at, upon, on or under any property now or within any Real Property previously owned or leased by Borrower or any premises of its Subsidiaries which could reasonably be expected to result in material liability to Borrower or any of its Subsidiaries; (d) Borrower and its Subsidiaries have been issued and are in material compliance with all permits, certificates, approvals, licenses and other authorizations relating to environmental matters necessary for the conduct of their businesses as currently being conducted; (e) no property now owned or leased by Borrower or any of its Subsidiaries is listed, or, to the Loan Parties and/or their respective actual knowledge of Borrower or any of its Subsidiaries, is proposed for listing (iiwith respect to owned property only) on the National Priorities List pursuant to CERCLA, on the CERCLIS or on any similar state list of sites requiring investigation or clean-up; (f) to the actual knowledge of Borrower, there are no underground storage tanks tanks, active or abandoned, including petroleum storage tanks, on or under any property now or previously owned or leased by Borrower or any of its Subsidiaries; (g) to the actual knowledge of Borrower, Borrower and its Subsidiaries have not directly transported or directly arranged for the transportation of any Hazardous Material to any location which is listed or to the knowledge of Borrower or any of its Subsidiaries, proposed for listing on the National Priorities List pursuant to CERCLA, on the CERCLIS or on any similar state list which could reasonably be expected to subject Borrower or its Subsidiaries to material liability; (h) to the actual knowledge of Borrower, there are no polychlorinated biphenyls on the Real Property or friable asbestos present in a manner or condition which could reasonably be expected to subject Borrower or its Subsidiaries to material liability at any property now or previously owned or leased by Borrower or any premises of its Subsidiaries; and (i) to the actual knowledge of Borrower, no conditions exist at, on or under any property now owned or leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property Borrower or any premises of its Subsidiaries which could reasonably be expected to subject Borrower or its Subsidiaries to material liability under any Environmental Law; and to the actual knowledge of Borrower, no conditions existed at, on, or under any property previously owned or leased by Borrower or any of its Subsidiaries at the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective time it ceased to be owned or leased by Borrower or its Subsidiaries or of their tenantswhich could reasonably have been expected to give rise to material liability.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect, (a) Except as specifically authorized by, or in compliance in all material respects with, law or pursuant to each Loan Party's knowledgevalid and effective permits or other appropriate forms of governmental approval, no Loan Party's nor none of the present or previously-owned real property, or other Assets of Borrower or any of its Subsidiaries' properties or assets has , has, to the best of Borrower's knowledge, ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations operators in the disposal of, of or to generate, manufacture, produce, store, handle, treat, transfer, release, process, or transport, transport any Hazardous MaterialsWaste or Hazardous Substance, where and Borrower and its Subsidiaries do not now and have not in the past used such disposalreal property, productionor other Assets of Borrower or any of its Subsidiaries, storagefor the purpose of disposal of, generating, manufacturing, producing, storing, handling, treatmenttreating, release transferring, releasing, processing, or transport was in violationtransporting any Hazardous Waste or Hazardous Substance, in any material respect, except as permitted by law and subject to the proviso to Section 5.9(a). (i) To the best of any applicable Environmental Law, (b) to each Loan PartyBorrower's knowledge and belief after due inquiry, no Loan Party's nor none of the present real property, or other Assets owned or operated by Borrower or any of its Subsidiaries' properties or assets , has ever been designated designated, listed, or identified in any manner by the EPA or any other federal, state, or local governmental agency charged with administering and enforcing an Environmental Protection Statute, pursuant to RCRA or CERCLA or any environmental protection statute other Environmental Protection Statute, as a candidate for a Hazardous Materials disposal siteWaste or Hazardous Substance corrective action or Remedial Action. (ii) To the best of Borrower's knowledge and belief, based upon its reasonably available records, it has received no notice that any of the previously owned real property or other Assets of Borrower or any of its Subsidiaries has been so designated, listed, or identified. (c) no Loan Party Neither Borrower nor any of its Subsidiaries has received notice that it has been identified as a potentially responsible party, responsible party, or liable party at any site designated, listed, or identified as a candidate for a Hazardous Substance investigation or Remedial Action under CERCLA or any Environmental Protection Statute. (d) Neither Borrower nor any of its Subsidiaries has received notice of any Lien arising under or in connection with any Environmental Law has Fund that attached to any revenues or to any Real Property real or personal property owned by Borrower or operated by a Loan Party or any of its Subsidiaries, . (de) no Loan Party Neither Borrower nor any of its Subsidiaries have received, during the prior three (3) years, any summons, citation, notice, directive, letter, or other communication, in writing, from the EPA or any other federal, state, or local governmental agency or instrumentality, authorized pursuant to an Environmental Protection Statute, or from any other Person concerning any intentional or unintentional action or omission by Borrower or any of its Subsidiaries resulting in the releasing, spilling, l e aking, pumping, pouring, emitting, emptying, dumping, or otherwise disposing of Hazardous Waste or Hazardous Substance or any other pollutant into the Environment resulting in Damages thereto and that reasonably could be expected to have a Material Adverse Effect. (f) Subject to the proviso to Section 5.9(a), all activities and operations conducted by Borrower and its Subsidiaries are in compliance in all material respects with all Environmental Protection Statutes. To the best of Borrower's knowledge, neither Borrower nor any of their respective facilities its Subsidiaries has in the past conducted any operations or operations activities that were not in compliance with all Environmental Protection Statutes and that are reasonably likely to result in present or future liabilities to Borrower or its Subsidiaries under any Environmental Protection Statutes that reasonably could be expected to have a Material Adverse Effect. (g) None of the real property or other Assets owned by Borrower or its Subsidiaries is subject affected by any soil or groundwater c o n t a m ination, attributable to any outstanding written orderHazardous Substance, consent decree, or settlement agreement with any Person relating that the investigation and clean up of which reasonably could be expected to any Environmental Law or Environmental Liability, and (e) to each Loan Partyhave a Material Adverse Effect. To the best of Borrower's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation none of the commercial business real property previously owned by Borrower or its Subsidiaries is affected by any soil or groundwater contamination, attributable to any Hazardous Substance, that the investigation and clean up of the Loan Parties and their respective Subsidiaries or of their tenantswhich reasonably could be expected to have a Material Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect4.12, (a) to each Loan Party's Borrower’s and Canadian Opco’s knowledge, no Loan Party's nor any of ’s or its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or Party, its Subsidiaries, or by previous owners or operations operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental Law, except to the extent that any such violation could not reasonably be expected to result in the incurrence by any Loan Party of any material liability, (b) to each Loan Party's knowledge after due inquiryBorrower’s and Canadian Opco’s knowledge, no Loan Party's nor any of ’s or its Subsidiaries' ’ properties or assets has ever been designated or identified by a Governmental Authority in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental LiabilityLiability that, and individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change. (et) to each Loan Party's knowledge, Section 4.24 of the Credit Agreement is hereby amended by (i) there are no visible signs of releasedeleting the reference to “Subordinated Loan Documents” appearing in clauses (a), spills(b), discharges, leaks or disposal (collectively referred to as "Releases"c) and (d) of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiariessuch section and replacing each such reference with “Senior Secured Note Documents”, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiariesdeleting clause (e) in its entirety, and (iii) no Hazardous Materials are present on adding the following new clauses (e), (f), (g), (h), (i), and (j) immediately following clause (d): (e) ▇▇▇▇▇▇▇ Holdco is a holding company and does not have any Real Property or any premises leased by material liabilities (other than liabilities arising under the Loan Parties and/or their respective SubsidiariesDocuments, excepting such quantities as are handled the Senior Revolving Loan Documents, or the Senior Secured Note Documents), own any material assets (other than the Stock of CLDH, Dutch Holdco, and ▇▇▇▇▇▇▇) or engage in accordance with all applicable manufacturer's instructions any operations or business (other than the ownership of CLDH, Dutch Holdco, and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties ▇▇▇▇▇▇▇ and their respective Subsidiaries and activities reasonably related thereto, including, but not limited to, administrative activities). (f) BBCC does not have any material liabilities (other than liabilities arising under the Loan Documents, the Senior Revolving Loan Documents, or the Senior Secured Note Documents), own any material assets or engage in any operations or business (other than administrative activities). (g) CLDH is a holding company and does not have any material liabilities (other than liabilities arising under the Loan Documents, the Senior Revolving Loan Documents, or the Senior Secured Note Documents), own any material assets (other than the Stock of Dutch Holdco and the Subordinated Dutch Holdco Note and any payments in connection with the Subordinated Dutch Holdco Note) or engage in any operations or business (other than the ownership of Dutch Holdco and its Subsidiaries, ownership of the Subordinated Dutch Holdco Note and activities reasonably related thereto, including, but not limited to, administrative activities). (h) Dutch Holdco is a holding company and does not have any material liabilities (other than liabilities arising under the Loan Documents, the Senior Revolving Loan Documents, the Senior Secured Note Documents or the Subordinated Dutch Holdco Note), own any material assets (other than the Stock of the Clover Leaf Seafood 2 and Clover Leaf Seafood) or engage in any operations or business (other than the ownership of Clover Leaf Seafood 2 and Clover Leaf Seafood and their tenantsrespective Subsidiaries and activities reasonably related thereto, including, but not limited to, administrative activities). (i) Clover Leaf Seafood 2 does not have any material liabilities (other than liabilities arising under the Loan Documents, the Senior Revolving Loan Documents, or the Senior Secured Note Documents), own any material assets (other than the Subordinated Canadian Holdco Note and any payments in connection with the Subordinated Canadian Holdco Note) or engage in any operations or business (other than the ownership of the Subordinated Canadian Holdco Note and activities reasonably related thereto, including, but not limited to, administrative activities). (j) Clover Leaf Seafood is a holding company and does not have any material liabilities (other than liabilities arising under the Loan Documents, the Senior Revolving Loan Documents, or the Senior Secured Note Documents), own any material assets (other than the Stock of Canadian Holdco and Sea Value Limited) or engage in any operations or business (other than the ownership of Canadian Holdco and Sea Value Limited and their respective Subsidiaries and activities reasonably related thereto, including, but not limited to, administrative activities).”

Environmental Condition. Except as set forth on Schedule 4.11 with respect to this Agreement or as would notthe ▇▇▇▇▇▇▇▇▇ Legacy Conditions (for which each Loan Party has received either a covenant not to ▇▇▇ or, the extent allowable under applicable laws, a release from Governmental Authorities pursuant to the Environmental Claims Settlement Agreement) and except where any of the following could not individually or in the aggregate, aggregate reasonably be expected to have a Material Adverse EffectChange, (a) to each Loan Party's knowledge, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations Subsidiaries in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental Law, (b) to each Loan Party's knowledge after due inquiryBorrower’s knowledge, no Loan Party's ’s nor any of its Subsidiaries' ’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property properties owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective currently owned or operated facilities or ongoing operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability, except the Environmental Claims Settlement Agreement, the Environmental Response Trust Agreements and the Anadarko Litigation Trust Agreement (eas each such term is defined in the Chapter 11 Plan) and any ancillary documents related thereto. Pursuant to the Environmental Claims Settlement Agreement, each Loan Party's knowledgeParty has received either a covenant not to ▇▇▇ or, (i) there are no visible signs of releaseto the extent allowable under applicable laws, spills, discharges, leaks or disposal (collectively referred a release from Governmental Authorities with respect to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants▇▇▇▇▇▇▇▇▇ Legacy Conditions.

Environmental Condition. Except as set forth disclosed on the attached Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse Effect, 4.16: (a) The Parent Company and its Subsidiaries (i) have obtained all material Environmental Permits necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in compliance with all material terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any material violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to each Loan Party's knowledge, no Loan Party's nor any material actual or contingent Environmental Claim. (b) None of the present or previously owned or operated Properties of the Parent Company or of any of its Subsidiaries' properties present or assets has ever been used by a Loan Party or its former Subsidiaries, wherever located, (i) has been placed on or by previous owners or operations in proposed to be placed on the disposal ofNational Priorities List, or CERCLIS, or, to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, the knowledge of any applicable Environmental LawResponsible Officer, (b) to each Loan Party's knowledge after due inquirytheir state or local analogs, no Loan Party's nor any of its Subsidiaries' properties has the Parent Company or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that been otherwise notified of the designation, listing or identification of any Property of the Parent Company or any of its present or former Subsidiaries as a Lien arising potential site for material removal, remediation, cleanup, closure, restoration, reclamation, or other material response activity under any Environmental Law has attached Laws (except as such activities may be required by permit conditions); (ii) is subject to a material Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Real Property owned or operated by the Parent Company or any of its present or former Subsidiaries, wherever located; or (iii) has been the site of any Release of Hazardous Substances or Hazardous Wastes from present or past operations which has caused at the site or at any third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response that could cause a Loan Party Material Adverse Change and none of the Parent Company or any of its present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Substances to any third party site which could reasonably be expected to result in the need for Response that could cause a Material Adverse Change. (c) Without limiting the foregoing, the present and future liability, if any, of the Parent Company or any of its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject which could reasonably be expected to any outstanding written order, consent decree, or settlement agreement arise in connection with any Person relating requirements under Environmental Laws could not reasonably be expected to any Environmental Law or Environmental Liability, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenantscause a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 4.11 to this Agreement or as would not, individually or in the aggregate, have a Material Adverse EffectAgreement, (a) to Parent's and each Loan PartyBorrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been used by a Loan Party or its Subsidiaries, or by previous owners or operations Subsidiaries in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to Parent's and each Loan PartyBorrower's knowledge after due inquiryknowledge, no Loan Party's nor any of its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental LiabilityLiability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, and (iii) no Hazardous Materials are present on any Real Property or any premises leased by the Loan Parties and/or their respective Subsidiaries, excepting such quantities as are handled in accordance with all applicable manufacturer's instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Loan Parties and their respective Subsidiaries or of their tenants.