Common use of Environmental Condition Clause in Contracts

Environmental Condition. Except as set forth on Schedule 4.11, (a) no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) 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 that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Laws.

Environmental Condition. Except as set forth on Schedule 4.114.12, (a) to Borrowers’ knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to Borrowers’ knowledge, 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 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 Liability that, individually or in the aggregate, could reasonably be expected to result in a material liability 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 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 its Subsidiariesany predecessor in interest, (eg) the no Environmental Action has been asserted, or to each Loan Parties and their Subsidiaries hold and are Party’s knowledge is threatened, against a Loan Party, any predecessor in compliance interest or any facilities that may have received Hazardous Materials generated by any Loan Party or any predecessor in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), interest; and (fh) there has been no Release of Hazardous Materials and there are no Hazardous Materials present in violation of Environmental Law at any properties currently, or to the knowledge of any Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsParty, formerly owned or operated by any Loan Party or any predecessor in interest, or at any disposal or treatment facility that received Hazardous Materials generated by any Loan Party or a predecessor in interest, which individually or in the aggregate could reasonably be expected to result in a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 4.114.11 to this Agreement, (a) to Parent’s and each Borrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, Party or its Subsidiaries, or, to Borrower’s knowledge, by previous owners or operators 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to Parent’s and each Borrower’s knowledge, 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 that, individually or in the aggregate, could reasonably be expected to result in a material liability Material Adverse Effect, and (e) (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 Party or its Parties and/or their respective Subsidiaries, (eii) 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 hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and or of their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Lawstenants.

Environmental Condition. Except as set forth on Schedule 4.11, (a) to the Loan Parties’ knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of or any applicable Environmental Law and reasonably could reasonably be expected to result in any material liability under any applicable Environmental Lawa Material Adverse Effect, (b) to the Loan Parties’ 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 sitesite which designation or identification reasonably could be expected to result in a Material Adverse Effect, (c) no Loan Party nor any of its Subsidiaries has received any 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 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 that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Effect.

Environmental Condition. Except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect or as set forth on Schedule 4.114.11 to this Agreement, (a) to the knowledge of Borrower, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, 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, in violation of any material respect, of applicable Environmental Law or could that would be reasonably be expected likely to result in an Environmental Action against a Loan Party or any material liability under any applicable Environmental Lawof its Subsidiaries, (b) to the knowledge of Borrower, no Loan Party’s nor any of its Subsidiaries’ owned or operated properties or assets has ever been is designated or identified in any manner list promulgated by any Governmental Authority 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) each Loan Party and each of its Subsidiaries have been operating in compliance with Environmental Law, and (e) 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 Governmental Authority or Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsLiability.

Environmental Condition. Except as set forth on Schedule 4.11, (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 in Schedule 4.12 or 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; (ii) 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’s nor Party or any of its Subsidiaries or, to the best of the knowledge of the Loan Parties, on any property formerly owned or operated by any Loan 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, its Subsidiaries, or, to Borrower’s knowledge, by previous owners Party 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, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) 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 to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could a manner that would not reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsParty.

Environmental Condition. Except as set forth on Schedule 4.113.12, (a) no Loan Partyneither Borrower’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan PartyBorrower, its Subsidiaries, or, to Borrower’s knowledge, by previous owners or 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) no Loan Partyto Borrower’s knowledge, 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 Liability that, individually or in the aggregate, could reasonably be expected to result in a material liability Material Adverse Effect. Except as set forth on Schedule 3.12, there are and, to the Borrower’s knowledge, have been, no conditions, occurrences, or activities concerning Hazardous Materials which could reasonably be expected to form the basis of Environmental Liability or a claim under any Loan Party Environmental Law against Borrower or any of its SubsidiariesSubsidiaries that, (e) individually or in the Loan Parties and their Subsidiaries hold and are in compliance in all material respects aggregate, could reasonably be expected to have a Material Adverse Effect. Compliance with all permits, licenses, consents, authorizations and registrations required current or reasonably foreseeable future requirements pursuant to or under Environmental Laws (“Environmental Permits”)could not be reasonably expected to have, and (f) individually or in the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Lawsaggregate, a Material Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11, (a) to Borrower’s knowledge, no Loan Party’s nor any of its Restricted Subsidiaries’ properties or assets has ever been used by a Loan Party, its Restricted Subsidiaries, or, to Borrower’s knowledge, 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 violationviolation of, in any material respector would create Material Liability under, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) no Loan Party’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 that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Laws.

Environmental Condition. Except as set forth on Schedule 4.114.11 to this Agreement, (a) to the Borrower’s knowledge, no Loan Party’s nor any of its Restricted Subsidiaries’ properties or assets has ever been used by a Loan Party, its Restricted Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to the Borrower’s knowledge no Loan Party’s nor any of its Restricted 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 Restricted 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 SubsidiariesRestricted Subsidiaries that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, and (d) no Loan Party nor 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 Liability that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.114.12, (a) to Borrowers’ knowledge after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, 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 is in violation, in any material respect, of or could reasonably be expected to result in any material liability under 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 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 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 nor any of its 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 Liability that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11, 4.12 or as individually or in the aggregate could not reasonably be expected to result in a Material Adverse Change,: (a) to Borrower’s knowledge, no Loan Party’s nor any or each of Parent and each of its Restricted Subsidiaries’ properties or assets has have ever been used by a Loan Party, its Restricted Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to Borrower’s knowledge, no Loan Party’s nor any of 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 Liability thatLiability.(including any such claim arising out of the ownership, individually lease or in 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 (iii) there are no facts, circumstances, conditions or occurrences with respect to the aggregatebusiness or operations of Parent or any of its Restricted Subsidiaries, or any Real Property owned, leased or operated by Parent or any of its Restricted Subsidiaries (including, to the knowledge of Parent, Holdings and Borrower, 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) or, to the knowledge of Parent, Holdings and Borrower, any property adjoining or adjacent to any such Real Property that could be reasonably expected to form the basis of an Environmental Action against Parent or any of its Restricted Subsidiaries or any Real Property owned, leased or operated by Parent or any of its 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 result in a material liability give rise to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under an Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsAction.

Environmental Condition. Except as set forth on Schedule 4.114.12, (a) to Borrower’s knowledge, no Loan Party’s nor any of its Restricted Subsidiaries’ properties or assets has ever been used by a Loan Party, its Restricted Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to Borrower’s knowledge, after due inquiry, no Loan Party’s nor any of 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 any of its Restricted 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 Restricted Subsidiaries, and (d) no Loan Party nor 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 Liability that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Change.

Environmental Condition. Except as set forth on Schedule 4.11, or as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect: (a) no Loan Party’s nor any of to its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, the properties owned, leased or operated by previous owners each Loan Party and each Subsidiary thereof now or operators 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, Laws; (b) to its knowledge, each Loan Party 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 revenues or to any Real Property owned or operated by a Loan Party or its Subsidiariesany Subsidiary thereof is or, (d) no Loan Party to the knowledge of Parent Borrower, will be named as a potentially responsible party, nor are there any of its Subsidiaries nor any of their respective facilities consent decrees or operations is subject to any outstanding written orderother decrees, consent decreeorders, administrative orders or other orders, or settlement agreement with other administrative or judicial requirements outstanding under any Person relating to any applicable Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a material liability with respect to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and any Subsidiary thereof; and (f) to its knowledge, there has been no release or threat of release, of Hazardous Materials at or from properties owned, leased or operated by any Loan Party or any Subsidiary, now or in the Loan Parties and their Subsidiaries comply with all past, in violation of or in amounts or in a manner that could give rise to liability under applicable financial assurance obligations arising under Environmental Laws.

Environmental Condition. Except as set forth on Schedule 4.114.11 to this Agreement, (a) to each Borrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of any applicable Environmental Law that, individually or in the aggregate, could reasonably be expected to result in any material liability under any applicable Environmental Lawa Material Adverse Effect, (b) to each Borrower’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 sitesite that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, (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 SubsidiariesSubsidiaries that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, 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 that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.115.14 and except as would not reasonably be expected to result in a Material Adverse Change, (a) no Loan Party’s nor any to Obligors’ knowledge, none of its Obligors’ or their Subsidiaries’ properties or assets has ever been used by a Loan PartyObligors, its their Subsidiaries, or, to Borrower’s knowledge, or by previous owners or 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) no Loan Party’s to Obligors’ knowledge, 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 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, and (e) Obligors have provided or otherwise made available to Lenders 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 Law Actions, Environmental Liabilities and Costs, Remedial Actions, or Environmental Liability thatthe presence of any Hazardous Materials (i) at, individually on, under, or in the aggregatemigrating to or from any assets or properties of any Obligor or any Subsidiary of any Obligor, could reasonably or (ii) at any facility at which Hazardous Materials generated, handled, transported or disposed of by any Obligor, or any Subsidiary of any Obligor, came to be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Lawslocated.

Environmental Condition. Except as set forth on Schedule 4.114.14, (a) no Loan Party’s nor any to Borrowers’ knowledge, none of its Borrowers’ or their Subsidiaries’ properties or assets has ever been used by a Loan PartyBorrowers, its their Subsidiaries, or, to Borrower’s knowledge, or by previous owners or 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 or any applicable Environmental Law (except where such violation could not reasonably be expected to result in any material liability under any applicable Environmental Lawa Material Adverse Change), (b) no Loan Party’s to Borrowers’ knowledge, none of Borrowers’ nor any of its their 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 none of Borrowers nor 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 Subsidiariestheir Subsidiaries (except for Liens that have been released and Liens with respect to which such Borrower or Subsidiary has posted bonds or other financial assurances sufficient to satisfy the obligations or liability evidenced thereby), 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 orderSubsidiaries have received a summons, consent decreecitation, notice, or settlement agreement directive from the United States Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower or any Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment (unless such Borrower or Subsidiary has taken or is diligently taking all Remedial Actions required to xxxxx said release or disposition or otherwise to come into compliance with any Person relating to any applicable Environmental Law and so long as the effect of such release or Environmental Liability that, individually or in the aggregate, disposition could not reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”Material Adverse Change), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Laws.

Environmental Condition. Except as set forth on Schedule 4.114.11 to this Agreement or as specifically identified in any environmental report commissioned by a Loan Party or any of its Subsidiaries to Agent (or commissioned by Agent or any Lender) in connection with any Loan, (a) to each Borrower's actual knowledge, no Loan Party’s 's nor any of its Subsidiaries’ properties ' Real Properties or assets any formerly owned, leased, used or operated real property, has ever been used by a Loan Party, Party or its Subsidiaries, or, to Borrower’s knowledge, by previous owners or operators in Subsidiaries for 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 respectof, of or could reasonably be expected to result in any material liability under non-compliance with, any applicable Environmental LawLaw which, in each case, remains uncured, (b) to each Borrower's actual knowledge, no Loan Party’s 's nor any of its Subsidiaries’ properties or assets ' Real Properties has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal sitesite or been the subject of a release of Hazardous Materials by any Loan Party or any of its Subsidiaries or any Person 122846886v7 acting for any Loan Party or any of its Subsidiaries for which any Loan Party is reasonably likely to have liability under applicable Environmental Laws , (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 owned or operated by a Loan Party or its SubsidiariesSubsidiaries which Lien remains in effect, and (d) except as disclosed to Agent in writing prior to the Closing Date, no Loan Party nor any of its Subsidiaries nor any of their respective facilities facilities, Real Properties, or operations is currently subject to any Environmental Action or outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability thatwhich, in each case under clauses (a) through (d) above, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.114.11 to this Agreement or as otherwise could not reasonably be expected to have a Material Adverse Effect, (a) to each Borrower’s knowledge, no Loan Party’s nor any of its Restricted Subsidiaries’ properties or assets has ever been used by a Loan Party, its Restricted Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to each Borrower’s knowledge, after due inquiry, no Loan Party’s nor any of 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 any of its Restricted 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 Restricted Subsidiaries, and (d) no Loan Party nor 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 Liability that, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11, (a) to Borrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, 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, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to Borrower’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 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 Liability that, that individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.11with respect to the Xxxxxxxxx Legacy Conditions (for which each Loan Party has received either a covenant not to xxx 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 reasonably be expected to have a Material Adverse Change, (a) no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, Party or its Subsidiaries, or, to Borrower’s knowledge, by previous owners or operators 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to each Borrower’s knowledge, 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 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 thatLiability, individually or except the Environmental Claims Settlement Agreement, the Environmental Response Trust Agreements and the Anadarko Litigation Trust Agreement (as each such term is defined in the aggregateChapter 11 Plan) and any ancillary documents related thereto. Pursuant to the Environmental Claims Settlement Agreement, could reasonably be expected to result in a material liability to any each Loan Party or its Subsidiarieshas received either a covenant not to xxx or, (e) to the Loan Parties and their Subsidiaries hold and are in compliance in all material respects extent allowable under applicable laws, a release from Governmental Authorities with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) respect to the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsXxxxxxxxx Legacy Conditions.

Environmental Condition. Except as set forth on Schedule 4.114.11 to 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 's nor any of its Subsidiaries’ ' properties or assets has ever been used by a Loan Party, Party or its Subsidiaries, or, to Borrower’s knowledge, or by previous owners or operators 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to each Loan Party'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 thatLiability, individually and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or in disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Parties and/or their respective Subsidiaries, (eii) 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 hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and or of their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Lawstenants.

Environmental Condition. Except as set forth on Schedule 4.11, (a) to Borrower’s knowledge, (i) other than 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, to Borrower’s knowledge, 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, in violation of any material respect, of or applicable Environmental Law 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 material liability under 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 LawLaw 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 Borrower’s knowledge, 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, 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 thatthat in each case as set forth in (c) and (d) above, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Effect.

Environmental Condition. Except as set forth on Schedule 4.114.11 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 's nor any of its Subsidiaries’ ' properties or assets has ever been used by a Loan Party, Party or its Subsidiaries, or, to Borrower’s knowledge, or by previous owners or operators 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to each Loan Party'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 thatLiability, individually and (e) to each Loan Party's knowledge, (i) there are no visible signs of release, spills, discharges, leaks or in disposal (collectively referred to as "Releases") of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Parties and/or their respective Subsidiaries, (eii) 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 hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and or of their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Lawstenants.

Environmental Condition. Except as set forth on Schedule 4.114.11 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, Party or its Subsidiaries, or, to Borrower’s knowledge, or by previous owners or operators 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 or could reasonably be expected to result in any material liability under 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 thatLiability, individually and (e) to each Loan Party’s knowledge, (i) there are no visible signs of release, spills, discharges, leaks or in disposal (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or within any Real Property or any premises leased by the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Parties and/or their respective Subsidiaries, (eii) 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 hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and or of their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Lawstenants.

Environmental Condition. Except as set forth on Schedule 4.114.11 to this Agreement, (a) to Parent's and each Borrower's knowledge, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets has ever been used by a Loan Party, Party or its Subsidiaries, or, to Borrower’s knowledge, by previous owners or operators 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to Parent's and each Borrower'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, (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 that, individually or in the aggregate, could reasonably be expected to result in a material liability Material Adverse Effect, and (e) (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 Party or its Parties and/or their respective Subsidiaries, (eii) 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 hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and or of their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Lawstenants.

Environmental Condition. Except as set forth on Schedule 4.11, (a) 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 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 nor any of its Subsidiaries’ properties or assets has ever been used by a Loan Party, its Subsidiaries, or, to Borrower’s knowledge, or by a previous owners owner or operators 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 or could reasonably be expected to result in any material liability under any applicable Environmental Law, (be) to Borrowers’ knowledge, after due inquiry, no Loan Party’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 thatand (h) Borrowers have made available to 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, in each case, except as would not, individually or in the aggregate, could reasonably be expected to result in a material liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental LawsMaterial Adverse Change.