Common use of Environmental Covenant Clause in Contracts

Environmental Covenant. Each Borrower will (and each Borrower will cause each of its Subsidiaries to): (a) use and operate all of its facilities and properties in compliance with all Environmental Laws which, by their terms, apply to such use and operation, keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters in effect and remain in compliance therewith, and handle all Hazardous Materials in compliance with all Environmental Laws which, by their terms, apply to such Hazardous Materials, in each case so that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, a Material Adverse Effect; (b) immediately notify the Administrative Agent and provide copies upon receipt of all written claims, complaints, notices or inquiries relating to the condition of its facilities and properties or compliance with Environmental Laws which, singly or in the aggregate, result in, or would reasonably be expected to result in, a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice any actions and proceedings relating to compliance with Environmental Laws where the failure to so cure or have dismissed, singularly or in the aggregate, results in, or would reasonably be expected to result in, a Material Adverse Effect (it being understood that this clause (b) shall not be construed to restrict any Borrower or any of its Subsidiaries from challenging or defending any such action or proceeding which it, in its sole discretion, deems advisable or necessary); and (c) provide such information and certifications which the Administrative Agent may reasonably request from time to time to evidence compliance with this Section 8.1.6.

Environmental Covenant. Each Borrower will (Loan Party shall, and each Borrower will shall cause each of its Subsidiaries to):: (a) use and operate all of its facilities and properties in compliance with all Environmental Laws except for such noncompliance which, by their termsindividually or in the aggregate, apply would not reasonably be expected to such use and operationhave a Material Adverse Effect, keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters Environmental Permits in effect and remain in compliance therewith, therewith and handle all Hazardous Materials in compliance with all applicable Environmental Laws whichLaws, by their terms, apply to such Hazardous Materials, in each case so except for any noncompliance that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, have a Material Adverse Effect; (b) immediately promptly notify the Administrative Agent and provide copies upon receipt of all written inquiries, claims, complaints, complaints or notices or inquiries from any Person relating to the environmental condition of its facilities and properties or compliance with or liability under any Environmental Laws Law which, singly individually or in the aggregate, result in, or would could reasonably be expected to result in, have a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice or contest in good faith any actions and proceedings relating thereto; (c) in the event of the presence of any Hazardous Material on, at, under or emanating from any Property owned, leased or operated by any Loan Party which is in violation of any Environmental Law or which could reasonably be expected to compliance with have Environmental Laws where the failure to so cure Liability which violation or have dismissedEnvironmental Liability, singularly individually or in the aggregate, results in, or would could reasonably be expected to result in, have a Material Adverse Effect (it being understood that this clause (b) Effect, each applicable Loan Party and its Subsidiaries, upon discovery thereof, shall not be construed take all necessary steps to restrict any Borrower or any of its Subsidiaries from challenging or defending initiate and expeditiously complete all response, corrective and other action to mitigate and eliminate any such action or proceeding which itadverse effect in accordance with and to the extent required by applicable Environmental Laws, in its sole discretion, deems advisable or necessary)and shall keep the Administrative Agent informed of their actions; and (cd) provide such information and certifications which that the Administrative Agent may reasonably request from time to time to evidence compliance with this Section 8.1.65.06.

Environmental Covenant. Each Borrower will (and each Borrower will cause each of its Subsidiaries to): (a) use and operate all of its facilities and properties in compliance with all Environmental Laws which, by their terms, apply to such use and operation, keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters in effect and remain in compliance therewith, and handle all Hazardous Materials in compliance with all Environmental Laws which, by their terms, apply to such Hazardous Materials, in each case so that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, a Material Adverse Effect; (b) immediately notify the Administrative Agent and provide copies upon receipt of all written claims, complaints, notices or inquiries relating to the condition of its facilities and properties or compliance with Environmental Laws which, singly or in the aggregate, result in, or would reasonably be expected to result in, a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice any actions and proceedings relating to compliance with Environmental Laws where the failure to so cure or have dismissed, singularly or in the aggregate, results in, or would reasonably be expected to result in, a Material Adverse Effect (it being understood that this clause (b) shall not be construed to restrict any Borrower or any of its Subsidiaries from challenging or defending any such action or proceeding which it, in its sole discretion, deems advisable or necessary); and (c) provide such information and certifications which the Administrative Agent may reasonably request from time to time to evidence compliance with this Section 8.1.68.1.

Environmental Covenant. Each The Borrower will (and each Borrower will cause each of its Subsidiaries to): (a) use and operate all of its facilities and properties in compliance with all Environmental Laws which, by their terms, apply to such use and operation, keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters in effect and remain in compliance therewith, and handle all Hazardous Materials in compliance with all Environmental Laws which, by their terms, apply to such Hazardous Materials, in each case so that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, a Material Adverse Effect; (b) immediately notify the Administrative Agent and provide copies upon receipt of all written claims, complaints, notices or inquiries relating to the condition of its facilities and properties or compliance with Environmental Laws which, singly or in the aggregate, result in, or would reasonably be expected to result in, a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice any actions and proceedings relating to compliance with Environmental Laws where the failure to so cure or have dismissed, singularly or in the aggregate, results in, or would reasonably be expected to result in, a Material Adverse Effect (it being understood that this clause (b) shall not be construed to restrict any the Borrower or any of its Subsidiaries from challenging or defending any such action or proceeding which it, in its sole discretion, deems advisable or necessary); and (c) provide such information and certifications which the Administrative Agent may reasonably request from time to time to evidence compliance with this Section 8.1.6.

Environmental Covenant. Each Borrower will (will, and each Borrower will cause each of its Subsidiaries to):, (a) use and operate all of its facilities and properties in material compliance with all Environmental Laws which, by their terms, apply to such use and operationLaws, keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters in effect and remain in material compliance therewith, and handle all Hazardous Materials in material compliance with all applicable Environmental Laws, except for those permits, approvals, certificates, licenses and authorizations the failure to keep in effect would not, or the failure to comply with which would not, or for such Environmental Laws whichthe failure of which to comply with which would not, by their terms, apply to such Hazardous Materials, in each case so that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, reasonably be expected to have a Material Adverse Effect; (b) immediately promptly notify the Administrative Agent Agents and provide copies upon receipt of all written claims, complaints, notices or inquiries relating to the condition of its facilities and properties in respect of, or as to compliance with with, Environmental Laws which, singly which individually or in the aggregate, result in, or aggregate would reasonably be expected to result in, have a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice resolve any actions and proceedings relating to non-compliance with Environmental Laws where the failure to so cure or have dismissedand keep its property free of any Lien imposed by any Environmental Law which, singularly in either case, individually or in the aggregate, results in, or would reasonably be expected to result in, have a Material Adverse Effect (it being understood that this clause (b) shall not be construed to restrict any Borrower or any of its Subsidiaries from challenging or defending any such action or proceeding which it, in its sole discretion, deems advisable or necessary)Effect; and (c) provide such information and certifications which the Administrative Agent Agents may reasonably request from time to time to evidence compliance with this Section 8.1.6SECTION 9.1.6.

Environmental Covenant. Each Borrower Notwithstanding the provisions of Section 5.01(c) hereof, Foster will, and will (and each Borrower will cause xxxxx each of its Subsidiaries to): , (ai) use and operate all of its facilities and properties in material compliance with all Environmental environmental Laws which(including, by their termsbut not limited to, apply those Laws designed to such use protect human health and operationthe environment), keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters in effect and remain in material compliance therewith, and handle all Hazardous Materials hazardous substances and materials, toxic materials and all other materials hazardous to human health or the environment in material compliance with all Environmental Laws applicable environmental Laws; provided that Foster or Natmaya shaxx xxx be deemed to be in violation of this Section 5.01(n)(i) as a result of any failure to comply that would not result in fines, penalties, injunctive relief or other civil or criminal liabilities which, by their terms, apply to such Hazardous Materials, in each case so that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, would materially affect the business, operations or financial condition of Foster and its Subsidxxxxxx taken as a Material Adverse Effect; whole or the ability of Foster or Natmaya to xxxxxxm its obligations under this Agreement or any other Loan Document, (bii) immediately notify the Administrative Agent and provide copies upon receipt of all written claims, complaints, notices or inquiries relating to the condition of its facilities and properties in connection with environmental Laws, or compliance with Environmental Laws whichor responsibility under environmental Laws, singly that may give rise to liability or responsibility under applicable environmental Laws, (iii) promptly respond in the aggregatean appropriate manner to any such claims, result incomplaints, notices or would reasonably be expected inquiries and, additionally, take action where appropriate to result in, a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice remedy any actions and proceedings relating to such alleged condition or non-compliance with Environmental Laws where the failure to so cure or have dismissed, singularly or in the aggregate, results in, or would reasonably be expected to result in, a Material Adverse Effect environmental good faith by proper proceedings; and (it being understood that this clause (b) shall not be construed to restrict any Borrower or any of its Subsidiaries from challenging or defending any such action or proceeding which it, in its sole discretion, deems advisable or necessary); and (civ) provide such information and certifications which the Administrative Agent may reasonably request from time to time to evidence compliance with this Section 8.1.65.01(n).

Environmental Covenant. Each Borrower will (will, and each Borrower will cause each of its Subsidiaries to):, (a) use and operate all of its facilities and properties in material compliance with all Environmental Laws which, by their terms, apply to such use and operationLaws, keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters in effect and remain in material compliance therewith, and handle all Hazardous Materials in material compliance with all 119 applicable Environmental Laws, except for those permits, approvals, certificates, licenses and authorizations the failure to keep in effect would not, or the failure to comply with which would not, or for such Environmental Laws whichthe failure of which to comply with which would not, by their terms, apply to such Hazardous Materials, in each case so that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, reasonably be expected to have a Material Adverse Effect; (b) immediately promptly notify the Administrative Agent Agents and provide copies upon receipt of all written claims, complaints, notices or inquiries relating to the condition of its facilities and properties in respect of, or as to compliance with with, Environmental Laws which, singly which individually or in the aggregate, result in, or aggregate would reasonably be expected to result in, have a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice resolve any actions and proceedings relating to non-compliance with Environmental Laws where the failure to so cure or have dismissedand keep its property free of any Lien imposed by any Environmental Law which, singularly in either case, individually or in the aggregate, results in, or would reasonably be expected to result in, have a Material Adverse Effect (it being understood that this clause (b) shall not be construed to restrict any Borrower or any of its Subsidiaries from challenging or defending any such action or proceeding which it, in its sole discretion, deems advisable or necessary)Effect; and (c) provide such information and certifications which the Administrative Agent Agents may reasonably request from time to time to evidence compliance with this Section 8.1.6SECTION 9.1.6.

Environmental Covenant. Each Borrower will (and each Borrower will cause each of its Subsidiaries to): (a) use and operate all of its facilities and properties in compliance with all Environmental Laws which, by their terms, apply to such use and operation, keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters in effect and remain in compliance therewith, and handle all Hazardous Materials in compliance with all Environmental Laws which, by their terms, apply to such Hazardous Materials, in each case so that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, a Material Adverse Effect; (b) immediately notify the Administrative Agent and provide copies upon receipt of all written claims, complaints, notices or inquiries relating to the condition of its facilities and properties or compliance with Environmental Laws which, singly or in the aggregate, result in, or would reasonably be expected to result in, a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice any actions and proceedings relating to compliance with Environmental Laws where the failure to so cure or have dismissed, singularly or in the aggregate, results in, or would reasonably be expected to result in, a Material Adverse Effect (it being understood that this clause CLAUSE (b) shall not be construed to restrict any Borrower or any of its Subsidiaries from challenging or defending any such action or proceeding which it, in 75 its sole discretion, deems advisable or necessary); and (c) provide such information and certifications which the Administrative Agent may reasonably request from time to time to evidence compliance with this Section 8.1.6SECTION 8.1.

Environmental Covenant. Each Notwithstanding the provisions of Section5.01(d) hereof, Borrower will (will, and each Borrower will cause each of its Subsidiaries to): to (a) use i)use and operate all of its facilities and properties in material compliance with all Environmental environmental Laws which(including, by their termsbut not limited to, apply those Laws designed to such use protect human health and operationthe environment), keep all necessary permits, approvals, certificates, licenses and other authorizations relating to environmental matters in effect and remain in material compliance therewith, and handle all Hazardous Materials hazardous substances and materials, toxic materials and all other materials hazardous to human health or the environment in material compliance with all Environmental Laws applicable environmental Laws; provided that Borrower shall not be deemed to be in violation of this Section5.01(n)(i) as a result of any failure to comply that would not result in fines, penalties, injunctive relief or other civil or criminal liabilities which, by their terms, apply to such Hazardous Materials, in each case so that the non-compliance with any of the foregoing does not result in, or would not reasonably be expected to result in, either singly or in the aggregate, would materially affect the business, operations or financial condition of Borrower and its Subsidiaries taken as a Material Adverse Effect; whole or the ability of the Borrower to perform its obligations under this Agreement or any other Loan Document, (b) immediately ii)immediately notify the Administrative Agent and provide copies upon receipt of all written claims, complaints, notices or inquiries relating to the condition of its facilities and properties in connection with environmental Laws, or compliance with Environmental Laws whichor responsibility under environmental Laws, singly that may give rise to liability or responsibility under applicable environmental Laws, (iii)promptly respond in the aggregatean appropriate manner to any such claims, result incomplaints, notices or would reasonably be expected inquiries and, additionally, take action where appropriate to result in, a Material Adverse Effect, and shall promptly cure and have dismissed with prejudice remedy any actions and proceedings relating to such alleged condition or non-compliance with Environmental Laws where the failure to so cure or have dismissed, singularly or in the aggregate, results in, or would reasonably be expected to result in, a Material Adverse Effect environmental good faith by proper proceedings; and (it being understood that this clause (b) shall not be construed to restrict any Borrower or any of its Subsidiaries from challenging or defending any such action or proceeding which it, in its sole discretion, deems advisable or necessary); and (c) provide iv)provide such information and certifications which the Administrative Agent may reasonably request from time to time to evidence compliance with this Section 8.1.65.01(n).