Environmental Investigations. All material environmental investigations, studies, audits, assessments and data which are in the possession, custody or control of any Company relating (i) to the current or prior business, operations, facilities or Property of any Company or any of their respective predecessors in interest or (ii) to any facility, Property or other asset now or previously owned, operated, leased or used by any Company or any of their respective predecessors in interest have been made available to the Lead Arranger and the Lenders.
Environmental Investigations. During the Option Term and any Option Term Extension, Optionee and Optionee’s Agents may enter the Property to perform such non-invasive environmental assessments of the Property (“Environmental Investigation”) which Optionee elects to undertake at Optionee’s sole cost and expense with respect to the Property; provided, however, in no event shall Optionee perform any “Phase II Environmental Assessment” or any testing of soil and/or groundwater of the Property (“Invasive Testing”) without Optionor’s prior written consent and compliance with this Section 7(d) . Prior to performing any Environmental Investigation, Optionee shall submit to Optionor at the address for notice set forth in Section 16(a) below, at least five (5) business days prior to the date of Optionee’s proposed entry onto the Property for such Environmental Investigation, the name of Optionee’s environmental consultant who will conduct the investigation, evidence of the consultant’s level of expertise and experience, and a description of the Environmental Investigation to be performed. If Optionee proposes any Invasive Testing, then in addition to the foregoing information, Optionee shall submit to Optionor the location of any proposed borings for soil and/or groundwater sampling, the sampling and analytical methods to be used, the chemical parameters and other conditions to be tested, the health and safety plan to be followed, and the measures to be taken to restore the affected areas to pre-existing conditions following completion of the Invasive Testing. Optionor shall give Optionee written notice of approval or disapproval of Optionee’s Invasive Testing investigation plan within five (5) business days after receipt of the foregoing information. If Optionor reasonably objects to the environmental consultant or objects to the Invasive Testing investigation plan proposed by Optionee, Optionor shall give Optionee written notice of such disapproval and the reasons therefor within said five (5) business day period. Thereafter, Optionor and Optionee shall promptly meet and negotiate in good faith to remove Optionor’s objections. In the event that the parties are unable to agree, Optionor’s objections shall stand and Optionee may either terminate the Agreement, choose another environmental consultant or elect to revise its Invasive Testing investigation plan so as to remove Optionor’s objections. Optionee shall, at its sole cost and expense, obtain any and all permits and approvals required from ...
Environmental Investigations. Although Lessee shall not be liable for any Hazardous Substances on the Premises that was not caused in whole or in part by the activity of the Lessee, its agents, subtenants, or any other person or entity on the Premises as a result of, arising out of, or relating to Lessee’s operations under this Lease or any previous lease or agreement, Lessee shall be responsible for the costs of any environmental investigations or remediation arising from the development or use of the Premises by Lessee, and Xxxxxx hereby releases the Lessor from any contribution claim for those costs. By way of example only, if the Lessee excavates soil on the Premises which contains Hazardous Substances, then the Lessee will be responsible for the cost associated with disposing of those soils regardless of when or how the Hazardous Substances were released into those soils.
Environmental Investigations. Buyer has completed a Phase I Environmental Site Assessment Report, and may conduct further environmental investigations.
Environmental Investigations. Borrower agrees that Administrative Agent may, from time to time and in its reasonable discretion, (i) retain, at Borrower’s expense, an independent professional consultant to review any environmental audits, investigations, analyses and reports relating to Hazardous Materials prepared by or for Borrower and (ii) in the event (a) Administrative Agent reasonably believes that Borrower has breached any representation, warranty or covenant contained in subsection 5.6, 5.13, 6.6, 6.7 or that there has been a material violation of Environmental Laws at any Facility or by Borrower or any of its Subsidiaries at any other location or (b) an Event of Default has occurred and is continuing, conduct its own investigation of any Facility; provided that, in the case of any Facility no longer owned, leased, operated or used by Borrower or any of its Subsidiaries, Borrower shall only be obligated to use its best efforts to obtain permission for Administrative Agent’s professional consultant to conduct an investigation of such Facility. For purposes of conducting such a review and/or investigation, Borrower hereby grants to Administrative Agent and its agents, employees, consultants and contractors the right to enter into or onto any Facilities currently owned, leased, operated or used by Borrower or any of its Subsidiaries and to perform such tests on such property (including taking samples of soil, groundwater and suspected asbestos-containing materials) as are reasonably necessary in connection therewith. Any such investigation of any Facility shall be conducted, unless otherwise agreed to by Borrower 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 such Facility or to cause any damage or loss to any property at such Facility. Borrower and Administrative Agent hereby acknowledge and agree that any report of any investigation conducted at the request of Administrative Agent pursuant to this subsection 6.7C 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 Borrower with the understanding that Borrower acknowledges and agrees that (x) it will indemnify and hold harmless Administrative Agent and ea...
Environmental Investigations. As of the Closing Date, all material environmental investigations, studies, audits or assessments which have been conducted and which are in the possession, custody or control of any Company relating (i) to the current or prior business, operations, facilities or Property of any Company or any of their respective predecessors in interest or (ii) to any facility, Property or other asset now or previously owned, operated, leased or used by any Company or any of their respective predecessors in interest have been made available to Agents and the Lenders.
Environmental Investigations. (a) In the event that Buyer notifies Seller that any Phase I Environmental Assessment pursuant to the American Society for Testing and Materials Standard E 1527-00 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process) (each, a “Phase I Investigation”) delivered to Buyer pursuant to Section 4.5 has discovered or reported any fact, matter or circumstance that reasonably requires further investigation, Seller shall, at Seller’s sole cost and expense, cause to be carried out by an assessor (who shall be reasonably satisfactory to Buyer) a Phase II Environmental Assessment pursuant to the American Society for Testing and Materials Standard E 1903-97 (Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process) (each, a “Phase II Investigation”) on each parcel of real property with respect to which there was any such fact, matter or circumstance discovered or reported, and upon completion of such Phase II Investigations, if any, Seller shall provide copies to Buyer of all reports and documents related thereto.
Environmental Investigations. To the knowledge of senior management of the Company, all environmental investigations, studies, audits, assessments or reviews in the possession, custody or control of any Credit Party which relates to the current or prior business or assets of any Credit Party or any of its respective Subsidiaries or any Real Property, assets or facility now or previously owned, operated, leased, used or controlled by any Credit Party or any of its respective Subsidiaries have been delivered to the Administrative Agent.
Environmental Investigations. All material environmental ---------------------------- investigations, studies, audits or assessments which have been conducted and which are in the possession, custody or control of any Obligor or any Subsidiary relating (i) to the current or prior business, operations, facilities or Properties of any Obligor or any Subsidiary or any of their respective predecessors in interest or (ii) to any facility or Property of any Obligor now or previously owned, operated, leased or used by any Obligor or any Subsidiary or any of their respective predecessors in interest have been made available to the Administrative Agent and the Lenders.
Environmental Investigations. As soon as practicable after the date of this Agreement (but in no event more than 60 days after the date of this Agreement), Buyer may obtain at Buyer's expense a Phase I environmental audit of the Real Property (which shall include a limited asbestos survey), or on such parcels of the Real Property as Buyer may determine. Buyer shall engage Eneco Tech, Inc. or, at Buyer's option, another nationally known environmental auditing company to perform the aforesaid audit. Seller and the Companies will comply with any reasonable request for information made by Buyer or its agents in connection with any such investigation and shall afford Buyer and its agents access to all operations of the Companies, including, without limitation, all areas of the Real Property, at reasonable times and in a reasonable manner in connection with any such investigations. If the results of those investigations would cause a reasonable purchaser to perform further investigations or testing with respect to any of the Real Property, Buyer shall cause to be performed Phase II environmental audits with respect to such Real Property, which shall be completed no more than 120 days after the date of this Agreement. Buyer agrees to promptly deliver to Seller copies of all audits and other reports obtained by Buyer with respect to such investigations and, at Seller's expense, all other information related thereto which is reasonably requested by Seller. Further, Buyer agrees to restore any test borings and other physical damage to any of the assets and properties of any of the Companies caused by such investigations which in no event shall be deemed to obligate Buyer to remediate any environmental problems).
