Common use of Environmental Laws and Hazardous Substances Clause in Contracts

Environmental Laws and Hazardous Substances. Except as set forth on Schedule 10.4 hereto, (i) the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which for any continued period of time violates, in a material respect, any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of the Borrower comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person or entity, nor is any pending or, to the best of the Borrower's knowledge, threatened, and the Borrower shall promptly notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any material non-compliance with, or material violation of, the requirements of any Environmental Law by the Borrower or the material release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter, which materially affects the Borrower or its business, operations or assets or any properties at which the Borrower has transported, stored or disposed of any Hazardous Materials, (iv) the Borrower has no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following the reasonable determination by the Bank that there is non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such test of the relevant site as are appropriate, and prepare and deliver a report setting forth the results of such tests, a proposed plan for remediation and an estimate of the costs thereof, and shall take any action pursuant thereto necessary to comply with Section 12.11.

Environmental Laws and Hazardous Substances. Except as set forth on Schedule 10.4 heretoThe Borrower represents, warrants and agrees with the Bank that (i) the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which for at any continued period of time violates, in a material respect, materially violates any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of the Borrower comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person or entityPerson, nor is any pending or, to the best of the Borrower's knowledge, threatened, and the Borrower shall promptly immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any material non-compliance with, or material violation of, the requirements of any Environmental Law by the Borrower or the material release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter, which materially affects by the Borrower or which affects its business, operations or assets or any properties at which the Borrower has transported, stored or disposed of any Hazardous Materials, (iv) the Borrower has no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following the reasonable determination by the Bank that there is material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any material non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such test tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the results result of such tests, a proposed plan for remediation and an estimate of the costs thereof, and shall take any action pursuant thereto necessary to comply with Section 12.11.

Environmental Laws and Hazardous Substances. Except as set forth on in Schedule 10.4 hereto7.4, The Borrower represents, warrants and agrees with the Bank that (i) the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous MaterialsMaterials above actionable or regulated levels, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which for at any continued period of time violates, in a material respect, violates any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of the Borrower comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person or entityPerson, nor is any pending or, to the best of the Borrower's knowledge, threatened, and the Borrower shall promptly immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any material non-compliance with, or material violation of, the requirements of any Environmental Law by the Borrower or the material release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material above actionable or regulated levels or any other environmental, health or safety matter, which materially affects the Borrower or its business, operations or assets or any properties at which the Borrower has transported, stored or disposed of any Hazardous Materials, (iv) the Borrower has no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following the reasonable determination by the Bank that there is non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such test tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the results result of such tests, a proposed plan for remediation and an estimate of the costs thereof, and shall take any action pursuant thereto necessary to comply with Section 12.11.

Environmental Laws and Hazardous Substances. Except as set forth on Schedule 10.4 heretoQ Comm represents, warrants and agrees with APS that (i) the Borrower Q Comm has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of the Borrower Q Comm (whether or not owned by it) in any manner which for any continued period of time violates, in a material respect, violated any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of the Borrower Q Comm comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person or entityPerson, nor is any pending or, to the best of the BorrowerQ Comm's LOAN AND SECURITY AGREEMENT BY AND BETWEEN Q COMM INTERNATIONAL INC. AND AMERICAN PAYMENT SYSTEMS, INC. -------------------------------------------------------------------------------- knowledge, threatened, and the Borrower shall promptly notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any material non-compliance with, or material violation of, the requirements of any Environmental Law by the Borrower Q Comm or the material release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter, which materially affects the Borrower Q Comm or its business, operations or assets or any properties at which the Borrower Q Comm has transported, stored or disposed of any Hazardous Materials, (iv) the Borrower Q Comm has no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following the reasonable determination by the Bank that there is non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such test of the relevant site as are appropriate, and prepare and deliver a report setting forth the results of such tests, a proposed plan for remediation and an estimate of the costs thereof, and shall take any action pursuant thereto necessary to comply with Section 12.11.

Environmental Laws and Hazardous Substances. Except as set forth on Schedule 10.4 heretoThe Borrower represents, warrants and agrees with the Bank that (i) the Borrower has and its Subsidiaries have not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Materials, on or off any of the premises of the Borrower or its Subsidiaries (whether or not owned by itthem) in any manner which for at any continued period of time violates, in a material respect, violates any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder, (ii) the operations of the Borrower and its Subsidiaries comply in all material respects with all Environmental Laws and all licenses, permits certificates, approvals and similar authorizations thereunder, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person or entityPerson, nor is any pending or, or to the best of the Borrower's knowledge, knowledge threatened, and the Borrower shall promptly immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any material non-compliance with, or material violation of, the requirements of any Environmental Law by the Borrower or its Subsidiaries or the material release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter, which materially affects the Borrower or its businessSubsidiaries, or their businesses, operations or assets or any properties at which the Borrower has or Subsidiaries have transported, stored or disposed of any Hazardous Materials, (iv) the Borrower has and its Subsidiaries have no material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material; and (v) without limiting the generality of the foregoing, the Borrower shall, following the reasonable determination by the Bank that there is non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any a material non-compliance, with any Environmental Law, at the Borrower's sole expense, cause an independent environmental engineer reasonably acceptable to the Bank to conduct such test tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the results result of such tests, a proposed plan for remediation and an estimate of the costs thereof, and shall take any action pursuant thereto necessary to comply with Section 12.11.