Environmental Disclosure and Inspection. A. Company shall, and shall cause each of its Subsidiaries to, exercise all due diligence in order to comply and cause (i) all tenants under any leases or occupancy agreements affecting any portion of the Facilities and (ii) all other Persons on or occupying such property, to comply with all Environmental Laws.
B. Company agrees that Administrative Agent may, from time to time and in its reasonable discretion, retain, at Company's expense, an independent professional consultant to review any report relating to Hazardous Materials prepared by or for Company and to conduct its own investigation of any Facility currently owned, leased, operated or used by Company or any of its Subsidiaries, and Company agrees to use all reasonable efforts to obtain permission for Administrative Agent's professional consultant to conduct its own investigation of any such Facility previously owned, leased, operated or used by Company or any of its Subsidiaries. Company shall use its reasonable efforts to obtain for Administrative Agent and its agents, employees, consultants and contractors the right, upon reasonable notice to Company, to enter into or on to the Facilities currently owned, leased, operated or used by Company or any of its Subsidiaries to perform such tests on such property as are reasonably necessary to conduct such a review and/or investigation. Any such investigation of any Facility shall be conducted, unless otherwise agreed to by Company and Administrative Agent, during normal business hours and, to the extent reasonably practicable, shall be conducted so as not to interfere with the ongoing operations at any such Facility or to cause any damage or loss to any property at such Facility. Company and Administrative Agent hereby acknowledge and agree that any report of any investigation conducted at the request of Administrative Agent pursuant to this subsection 6.7B will be obtained and shall be used by Administrative Agent and Lenders for the purposes of Lenders' internal credit decisions, to monitor and police the Loans and to protect Lenders' security interests, if any, created by the Loan Documents. Administrative Agent agrees to deliver a copy of any such report to Company with the understanding that Company acknowledges and agrees that (i) it will indemnify and hold harmless each Agent and Lender from any costs, losses or liabilities relating to any Loan Party's use of or reliance on such report, (ii) no Agent nor any Lender makes any representation or w...
Environmental Disclosure and Inspection. A. Each Credit Party shall, and shall cause each of its Subsidiaries to, exercise all reasonable due diligence in order to comply with all Environmental Laws in each case where the failure to do so could reasonably be expected to result in a Material Adverse Effect.
B. Each Credit Party agrees that Administrative Agent may, after the occurrence and during the continuation of an Event of Default or Potential Event of Default, from time to time and in its reasonable discretion, retain an independent professional consultant to review any report relating to compliance with Environmental Laws or a Release of Hazardous Materials prepared by or for such Credit Party and to conduct its own investigation of any Facility currently owned, leased, operated or used by such Credit Party or any of its Subsidiaries, and each Credit Party agrees to use its best efforts to obtain permission for Administrative Agent’s professional consultant to conduct its own investigation of any Facility previously owned, leased, operated or used by such Credit Party or any of its Subsidiaries. Each Credit Party agrees to pay all reasonable fees, costs and expenses incurred by Administrative Agent’s professional consultant hereunder. Each Credit Party hereby grants to Administrative Agent and its agents, employees, consultants and contractors the right to enter into or onto the Facilities currently owned, leased, operated or used by such Credit Party or any of its Subsidiaries to perform such tests on such property as are reasonably necessary to conduct such a review and/or investigation. Any such investigation of any Facility shall be conducted, unless otherwise agreed to by such Credit Party and Administrative Agent, upon reasonable advance notice and during normal business hours and, to the extent reasonably practicable, shall be conducted so as not to interfere with the ongoing operations at any such Facility or to cause any damage or loss to any property at such Facility. Each Credit Party and Administrative Agent hereby acknowledge and agree that any report of any investigation conducted at the request of Administrative Agent pursuant to this subsection 6.7B will be obtained and shall be used by Administrative Agent and Lenders for the purposes of Lenders’ internal credit decisions, to monitor and police the Loans and to protect Lenders’ security interests, if any, created by the Loan Documents. Administrative Agent agrees to deliver a copy of any such report to such Credit Party wit...
Environmental Disclosure and Inspection. (a) Comply, and undertake all reasonable efforts to ensure that all tenants under any lease or occupancy agreement affecting any portion of the Facilities and all other Persons on or occupying such property comply, in all materials respects with all Environmental Laws, provided that upon learning of any noncompliance with Environmental Laws by the Borrower or any of its Subsidiaries, shall promptly undertake all reasonable efforts to remedy such non-compliance.
(b) Agree that the Agent is entitled (but has no obligation), from time to time (upon the Agent's determination in its reasonable discretion that any of the following is advisable), upon notice to the Borrower and as often as may reasonably be requested, retain, at the Borrower's expense, an independent professional consultant to review any report relating to Hazardous Materials prepared by or for the Borrower and to conduct its own investigation of any Facility. The Borrower hereby grants to the Agent, its agents, employees, consultants and contractors the right to enter into or on to the Facilities upon reasonable notice and at such times during normal business hours and as often as may reasonably be requested to perform such tests on such property as are reasonably necessary to conduct such a review and/or investigation. The Borrower may receive copies of any reports prepared by independent experts, but the Lenders shall have no duty to disclose or discuss any information produced by such reviews or investigations with the Borrower or any of its Subsidiaries.
(c) Promptly advise the Lenders in writing and in reasonable detail of (i) any Release of any Hazardous Material (of which the Borrower is aware) required to be reported to any federal, state or local governmental or regulatory agency under any applicable Environmental Laws, (ii) any and all written communications with respect to Environmental Claims or any Release of Hazardous Material required to be reported to any federal, state or local governmental or regulatory agency, (iii) any remedial action taken by the Borrower or any other Person in response to (a) any Hazardous Material on, under or about any Facility, the existence of which could reasonably be expected to result in an Environmental Claim having a Material Adverse Effect or (b) any Environmental Claim that could reasonably be expected to have a Material Adverse Effect, (iv) the Borrower's discovery of any occurrence or condition on any real property adjoining or in the vicinity ...
Environmental Disclosure and Inspection. (i) Company shall comply, and shall cause each of its Subsidiaries and their Facilities to comply, and shall use its reasonable efforts to cause (a) their respective employees, agents, contractors and subcontractors, (b) all tenants under any lease or occupancy agreement affecting any portion of the Facilities and (c) all other Persons on or occupying such property to comply, with all Environmental Laws.
(ii) Company shall promptly advise Administrative Agent in writing and in reasonable detail of (a) any Release of any Hazardous Material required to be reported to any federal, state or local governmental or regulatory agency under all applicable Environmental Laws, (b) any remedial action taken by Company or, to the extent Company or any of its Subsidiaries has any such knowledge, any other Person in response to (1) any Hazardous Material on, under or about any Facility, the existence of which could reasonably be expected to result in a Material Adverse Effect or (2) any Environmental Claim that could reasonably be expected to result in a Material Adverse Effect, and (c) any request for information from any governmental agency that indicates such agency is investigating whether Company or its Subsidiaries may be potentially responsible for a Release of Hazardous Materials.
(iii) Company shall, at its own expense, provide copies to Administrative Agent of such documents or information to which Company or any of its Subsidiaries has access as Administrative Agent or Requisite Lenders may reasonably request in relation to any matters disclosed pursuant to this subsection 5.8.
Environmental Disclosure and Inspection. (A) Except as disclosed in writing to Lenders and Eurocurrency Lenders prior to the Closing Date, Holding shall comply, and shall cause each of Company and the Subsidiaries and their Facilities to comply, and cause (a) their respective employees, agents, contractors and subcontractors and (b) all tenants under any lease or occupancy agreement affecting any portion of the Facilities to comply with all applicable Environmental Laws in all material respects. Holding shall cause each of its Subsidiaries to use all commercially reasonable efforts to comply in all material respects with all Environmental Laws applicable to such matters in a timely manner following the Closing Date.
(B) Except as to matters disclosed in writing to Lenders and Eurocurrency Lenders prior to the Closing Date, Company shall promptly advise Lenders and Eurocurrency Lenders in writing and in reasonable detail of (a) any material Release of any Hazardous Material required to be reported to any federal, state or local governmental or regulatory agency, domestic or foreign, under all applicable Environmental Laws, (b) any remedial action taken by Holding, Company or, to the extent Holding or any of its Subsidiaries has any such knowledge, any such Person or Subsidiary in response to (1) any Hazardous Material on, under or about any Facility, the existence of which would reasonably be expected to result in an Environmental Claim having a material adverse effect on the business or financial condition of Holding and its Subsidiaries, taken as a whole or (2) any Environmental Claim that would reasonably be expected to have a material adverse effect on the business or financial condition of Holding and its Subsidiaries taken as a whole, and (c) any request for information from any governmental agency, domestic or foreign, that indicates such agency is investigating whether Holding, Company or any Subsidiary may be potentially responsible for a material Release of Hazardous Materials.
(C) Company shall promptly notify Lenders and Eurocurrency Lenders of any proposed acquisition of assets or property by Holding, Company or any Subsidiary, that could reasonably be expected to result in Environmental Claims having a material adverse effect on the business or financial condition of Holding and its Subsidiaries, taken as a whole.
(D) Company shall, at its own expense, provide copies to Agent of such documents or information to which Holding, Company or any Subsidiaries has access as Agent may reason...
Environmental Disclosure and Inspection. Credit Parties' Remedial Action Regarding Hazardous Materials. . . . . . . . . . . . . . . . . . . . . . . . . . 6.9
Environmental Disclosure and Inspection. (i) Exercise due diligence in order to comply with all Environmental Laws and promptly take any and all necessary remedial action in connection with the presence, storage, use, disposal, transportation, Release or threatened Release of any Hazardous Materials on, under or about any Facility in order to comply with all applicable Environmental Laws and Governmental Authorizations.
(ii) Permit Bank, from time to time and in its sole and absolute discretion, to retain, at Bank's expense (or, after the assertion of an Environmental Claim, at Borrowers' expense), an independent professional consultant to review any report relating to Hazardous Materials prepared by or for any Borrower and at reasonable times and subject to reasonable conditions to conduct its own investigation of any Facility currently owned, leased, operated or used by any Borrower and each Borrower agrees to use its best efforts to obtain permission for Bank's professional consultant to conduct its own investigation of any Facility previously owned, leased, operated or used by any Borrower. Each Borrower hereby grants to Bank, its representatives, employees, consultants, and contractors the right to enter into or on to, at reasonable times, the Facilities currently owned,
Environmental Disclosure and Inspection. A. BHR and Borrowers shall, and shall cause each of their Subsidiaries to, (i) exercise all commercially reasonable efforts in order to comply in all material respects and cause all tenants under any leases or occupancy agreements affecting any portion of the
Environmental Disclosure and Inspection. A. Company shall, and shall cause each of its Subsidiaries to, exercise all due diligence to comply and cause (i) all tenants under any leases or occupancy agreements affecting any portion of the Facilities and (ii) all other Persons on or occupying such property, to comply with all Environmental Laws.
B. Company agrees that Agent may, from time to time and in its sole and absolute discretion, retain, at Company's expense, an independent professional consultant to review any report relating to Hazardous Materials prepared by or for Company in the context of an Environmental Claim against Company or Release or threatened Release of Hazardous Materials. Company and Agent hereby acknowledge and agree that any report of any investigation conducted at the request of Agent will be obtained and shall be used by Agent and Lenders for the purposes of Lenders' internal credit decisions, to monitor and police the Loans and to protect Lenders' security interests, if any, created by the Loan Documents. Agent agrees to deliver a copy of any such report to Company with the understanding that Company acknowledges and agrees that (i) it will indemnify and hold harmless Agent and each Lender from any costs, losses or liabilities relating to Company's use of or reliance on such report,
Environmental Disclosure and Inspection. A. Each Credit Party shall, and shall cause each of its Subsidiaries to, exercise all reasonable due diligence in order to comply and cause (i) all tenants under any leases or occupancy agreements affecting any portion of the Facilities and (ii) all other Persons on or occupying such property, to comply with all Environmental Laws.
B. Each Credit Party agrees that Agent may, from time to time and in its sole and absolute discretion, retain an independent professional consultant to review any report relating to Hazardous Materials prepared by or for such Credit Party and to conduct its own investigation of any Facility currently owned, leased, operated or used by such Credit Party or any of its Subsidiaries, and each Credit Party agrees to use its best efforts to obtain permission for Agent's professional consultant to conduct its own investigation of any Facility previously owned, leased, operated or used by such Credit Party or any of its Subsidiaries. Each Credit Party agrees to pay all reasonable fees, costs, expenses incurred by Agent's professional consultant hereunder (i)
