Common use of Environmental Laws, Etc Clause in Contracts

Environmental Laws, Etc. Except as specifically disclosed in Schedule 5 attached hereto, all properties of the Borrower and its use thereof comply in all material respects with applicable zoning and use restrictions and with applicable laws and regulations relating to health, safety and the environment in all jurisdictions in which the Borrower is doing business. Without limiting the foregoing, except as specifically disclosed in Schedule 5 attached hereto, no Hazardous Substances have been generated, manufactured, refined, transferred, stored, treated, transported, handled, managed, discharged or disposed of, whether by the Borrower or, to the best of the Borrower’s knowledge after investigation, by any other Person onto, upon, over, beneath or from any real property owned by the Borrower or other premises owned, leased, operated, used or held at any time by the Borrower or any of the ground water beneath any such premises (collectively, the “Premises”) which in any fashion might result in the Borrower, the Agent or any Lender incurring or suffering at any time any loss, liability, damages, or obligations including liability for cleanup and recovery costs and expenses. Except as specifically disclosed in Schedule 5 attached hereto, there are no underground storage tanks, whether in current use or not, at any of the Premises and no such tanks have ever been maintained on the Premises. There are no past or present events, conditions, circumstances, activities, practices, incidents or actions at or in connection with the Premises which could reasonably be expected to interfere with or prevent continued compliance with any laws or regulations pertaining to underground storage tanks or any other laws or regulations relating to the emission, discharge, release or threatened release of Hazardous Substances into the environment or give rise to any legal liability or otherwise form the basis of any claim, action, suit, proceedings, hearing or investigation against or affecting the Borrower under the Environmental Laws. There has been no disposal from the Premises by (or to the best of the Borrower’s knowledge after investigation, by any other Person) directly or indirectly of any Hazardous Substances to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under Superfund or any site listed on any priority cleanup list compiled by any state department of ecology or environmental quality. The Borrower has not and will not be involved in any operations at or near the Premises which operations when conducted in accordance with applicable law could lead to: (a) the imposition of liability under Environmental Laws on the Borrower or any subsequent owner of the Premises or (b) the creation of a lien on the Premises under Environmental Laws or under any similar laws or regulations.

Environmental Laws, Etc. Except as specifically disclosed in Schedule 5 attached hereto, all All properties of the Borrower and its each Subsidiary and Borrower's and such Subsidiary's use thereof comply in all material respects with applicable zoning and use restrictions and with applicable laws and regulations relating to health, safety and the environment in all jurisdictions in which including, without limitation, the Borrower is doing businessEnvironmental Laws. Without Except as disclosed on Schedule 8 to the Disclosure Letter, without limiting the foregoing, except as specifically disclosed in Schedule 5 attached hereto, no Hazardous Substances have been generated, manufactured, refined, transferred, stored, treated, transported, handled, managed, discharged or disposed of, whether by the Borrower or, to the best of the Borrower’s knowledge after investigation's knowledge, by any other Person person onto, upon, over, beneath or from any real property owned by the Borrower or other premises owned, leased, operated, used or held at any time by the Borrower or any of the ground water beneath any such premises (collectively, the “"Premises”") which in any fashion might could reasonably be expected to result in the Borrower, the Agent or any Lender incurring or suffering at any time any material loss, liability, damages, or obligations including liability for cleanup and recovery costs and expenses. Except as specifically disclosed in on Schedule 5 attached hereto8 to the Disclosure Letter, there are no underground storage tanks, whether in current use or not, at any of the Premises and no such tanks have ever been maintained on the Premises. There are no past or present events, conditions, circumstances, activities, practices, incidents or actions at or in connection with the Premises which could reasonably be expected to interfere with or prevent continued compliance with any material laws or regulations pertaining to underground storage tanks or any other laws or regulations relating to the emission, discharge, release or threatened release of Hazardous Substances into the environment Environmental Laws or give rise to any legal liability or otherwise form the basis of any claim, action, suit, proceedings, hearing or investigation against or affecting the Borrower under the Environmental Laws. There has been no disposal from the Premises by Borrower (or to the best of the Borrower’s knowledge after investigation's knowledge, by any other Personperson) directly or indirectly of any Hazardous Substances to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under Superfund or any site listed on any priority cleanup list compiled by any state department of ecology or environmental quality. The Borrower has not and will not be involved in any operations at or near the Premises which operations when conducted in accordance with applicable law could lead to: (a) the imposition of liability under Environmental Laws on the Borrower or any subsequent owner of the Premises or (b) the creation of a lien on the Premises under Environmental Laws or under any similar laws or regulationsGovernmental Authority.

Environmental Laws, Etc. Except as specifically disclosed in Schedule 5 7 attached hereto, all properties of the owned or leased by Borrower or any Subsidiary and its use thereof comply in all material respects with applicable zoning and use restrictions and with applicable laws and regulations (including Environmental Laws) relating to health, safety and the environment environment, except such non-compliance which (if enforced in all jurisdictions accordance with applicable law or regulation and determined adversely to Borrower or such Subsidiary) could not, individually or in which the Borrower is doing businessaggregate, reasonably be expected to have a Material Adverse Effect. Without limiting the foregoing, except as specifically disclosed in Schedule 5 7 attached hereto, no Hazardous Substances have been generated, manufacturedused, refinedhandled, transferredtransported, stored, treated, transported, handled, managed, discharged released or disposed of, whether by the Borrower Borrower, any Subsidiary or, to the best of the Borrower’s knowledge after investigationknowledge, by any other Person onto, upon, over, beneath or from any real property owned or leased by the Borrower or other premises owned, leased, operated, used or held at any time by the Borrower Subsidiary or any of the ground water beneath any such premises (collectively, the “Premises”) which in any fashion might could reasonably be expected to result in the Borrower, the Agent or any Subsidiary, Lender incurring or suffering at any time any loss, liability, damages, or obligations including obligations, including, without limitation, liability for cleanup and recovery costs and expensesexpenses relating to the Premises, which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 5 7 attached hereto, to the best of Borrower’s knowledge, there are no underground storage tanks, whether in current use or not, at any of the Premises that constitute a portion of the Collateral, except for underground storage tanks that are in material compliance with applicable laws and no such tanks have ever been maintained on regulations. To the Premises. There best of Borrower’s knowledge, there are no past or present events, conditions, circumstances, activities, practices, incidents or actions at or in connection with the Premises which could reasonably be expected to (i) interfere with or prevent continued compliance with any laws or regulations pertaining to underground storage tanks or any other laws or regulations relating to the emission, discharge, release or threatened release of Hazardous Substances into the environment or (ii) give rise to any legal liability or otherwise form the basis of any claim, action, suit, proceedings, hearing or investigation against or affecting the Borrower or any Subsidiary under the Environmental LawsLaws that could reasonably be expected to give rise to legal liability that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There has been no disposal from the Premises by Borrower or any Subsidiary (or to the best of the Borrower’s knowledge after investigationknowledge, by any other Person) directly or indirectly of any Hazardous Substances to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under Superfund or any site listed on any priority cleanup list compiled by any state department of ecology or environmental quality, except where any of the foregoing could not reasonably be expected to have a Material Adverse Effect. The To the best of Xxxxxxxx’s knowledge, neither Borrower nor any Subsidiary has not and will not be been involved in any operations at or near the Premises which operations when conducted in accordance with applicable law could lead to: (a) to the imposition of liability under Environmental Laws on the Borrower or any Subsidiary or any subsequent owner of the Premises Premises, the imposition of which could, individually or (b) in the creation of aggregate, reasonably be expected to have a lien on the Premises under Environmental Laws or under any similar laws or regulationsMaterial Adverse Effect.

Environmental Laws, Etc. Except as specifically disclosed in Schedule 5 attached hereto, all properties of the Borrower and its use thereof comply in all material respects with applicable zoning and use restrictions and with applicable laws and regulations relating to health, safety and the environment in all jurisdictions in which the Borrower is doing business. Without limiting the foregoing, except as specifically disclosed in Schedule 5 attached hereto, no Hazardous Substances have been generated, manufactured, refined, transferred, stored, treated, transported, handled, managed, discharged or disposed of, whether by the Borrower or, to the best of the Borrower’s knowledge after investigation, by any other Person onto, upon, over, beneath or from any real property owned by the Borrower or other premises owned, leased, operated, used or held at any time by the Borrower or any of the ground water beneath any such premises (collectively, the “Premises”) which in any fashion might result in the Borrower, Borrower or the Agent or any Lender incurring or suffering at any time any loss, liability, damages, or obligations including liability for cleanup and recovery costs and expenses. Except as specifically disclosed in Schedule 5 attached hereto, there are no underground storage tanks, whether in current use or not, at any of the Premises and no such tanks have ever been maintained on the Premises. There are no past or present events, conditions, circumstances, activities, practices, incidents or actions at or in connection with the Premises which could reasonably be expected to interfere with or prevent continued compliance with any laws or regulations pertaining to underground storage tanks or any other laws or regulations relating to the emission, discharge, release or threatened release of Hazardous Substances into the environment or give rise to any legal liability or otherwise form the basis of any claim, action, suit, proceedings, hearing or investigation against or affecting the Borrower under the Environmental Laws. There has been no disposal from the Premises by (or to the best of the Borrower’s knowledge after investigation, by any other Person) directly or indirectly of any Hazardous Substances to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under Superfund or any site listed on any priority cleanup list compiled by any state department of ecology or environmental quality. The Borrower has not and will not be involved in any operations at or near the Premises which operations when conducted in accordance with applicable law could lead to: (a) the imposition of liability under Environmental Laws on the Borrower or any subsequent owner of the Premises or (b) the creation of a lien on the Premises under Environmental Laws or under any similar laws or regulations.

Environmental Laws, Etc. Except as specifically disclosed in Schedule 5 4 attached hereto, all properties of the Borrower and its each Subsidiary and their use thereof comply in all material respects with applicable zoning and use restrictions and with applicable laws and regulations relating to health, safety and the environment in all jurisdictions in which the Borrower or such Subsidiary is doing business, except such non-compliance which (if enforced in accordance with applicable laws and regulations and determined adversely to Borrower or such Subsidiary) could not, individually or in the aggregate, reasonably be expected to give rise to legal liability in excess of Two Hundred Fifty Thousand Dollars ($250,000) (the "Threshold Amount"). Without limiting the foregoing, except as specifically disclosed in Schedule 5 4 attached hereto, no Hazardous Substances have been generated, manufactured, refined, transferred, stored, treated, transported, handled, managed, discharged or disposed of, whether by the Borrower Borrower, any Subsidiary or, to the best of the Borrower’s 's knowledge after investigation, by any other Person onto, upon, over, beneath or from any real property owned by the Borrower or any Subsidiary or other premises owned, leased, operated, used or held at any time by the Borrower or any Subsidiary or any of the ground water beneath any such premises (collectively, the “"Premises”") which in any fashion might result in the Borrower, the Agent any Subsidiary or any Lender incurring or suffering at any time any loss, liability, damages, or obligations including liability for cleanup and recovery costs and expensesexpenses which, individually or in the aggregate, could reasonably be expected to exceed the Threshold Amount. Except as specifically disclosed in Schedule 5 attached hereto, there are no underground storage tanks, whether in current use or not, at any of the Premises and no such tanks have ever been maintained on the Premises. There are no past or present events, conditions, circumstances, activities, practices, incidents or actions at or in connection with the Premises which could reasonably be expected to interfere with or prevent continued compliance with any laws or regulations pertaining to underground storage tanks or any other laws or regulations relating to the emission, discharge, release or threatened release of Hazardous Substances into the environment or give rise to any legal liability or otherwise form the basis of any claim, action, suit, proceedings, hearing or investigation against or affecting the Borrower under the Environmental Laws. There has been no disposal from the Premises by (or to the best of the Borrower’s knowledge after investigation, by any other Person) directly or indirectly of any Hazardous Substances to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under Superfund or any site listed on any priority cleanup list compiled by any state department of ecology or environmental quality. The Borrower has not and will not be involved in any operations at or near the Premises which operations when conducted in accordance with applicable law could lead to: 4 (a) the imposition of legal liability under Environmental Laws on the Borrower Borrower, any Subsidiary or any subsequent owner of the Premises in excess of the Threshold Amount or (b) the creation of a lien Lien on the Premises under Environmental Laws Laws, the creation of which could have an adverse effect upon the perfection or priority of any Lien granted under any similar laws or regulationsof the Security Documents.

Environmental Laws, Etc. Except as specifically disclosed in Schedule 5 4 attached hereto, all properties of the Borrower and its each Subsidiary and their use thereof comply in all material respects with applicable zoning and use restrictions and with applicable laws and regulations relating to health, safety and the environment in all jurisdictions in which the Borrower or such Subsidiary is doing business, except such non-compliance which (if enforced in accordance with applicable laws and regulations and determined adversely to Borrower or such Subsidiary) could not, individually or in the aggregate, reasonably be expected to give rise to legal liability in excess of Two Hundred Fifty Thousand Dollars ($250,000) (the “Threshold Amount”). Without limiting the foregoing, except as specifically disclosed in Schedule 5 4 attached hereto, no Hazardous Substances have been generated, manufactured, refined, transferred, stored, treated, transported, handled, managed, discharged or disposed of, whether by the Borrower Borrower, any Subsidiary or, to the best of the Borrower’s knowledge after investigation, by any other Person onto, upon, over, beneath or from any real property owned by the Borrower or any Subsidiary or other premises owned, leased, operated, used or held at any time by the Borrower or any Subsidiary or any of the ground water beneath any such premises (collectively, the “Premises”) which in any fashion might result in the Borrower, the Agent any Subsidiary or any Lender incurring or suffering at any time any loss, liability, damages, or obligations including liability for cleanup and recovery costs and expensesexpenses which, individually or in the aggregate, could reasonably be expected to exceed the Threshold Amount. Except as specifically disclosed in Schedule 5 4 attached hereto, there are no underground storage tanks, whether in current use or not, at any of the Premises and to the best of Borrower’s knowledge, no such tanks have ever been maintained on the Premises. There are no past or present events, conditions, circumstances, activities, practices, incidents or actions at or in connection with the Premises which could reasonably be expected to interfere with or prevent continued compliance with any laws or regulations pertaining to underground storage tanks or any other laws or regulations relating to the emission, discharge, release or threatened release of Hazardous Substances into the environment or give rise to any legal liability or otherwise form the basis of any claim, action, suit, proceedings, hearing or investigation against or affecting the Borrower or any Subsidiary under the Environmental LawsLaws that could, individually or in the aggregate, reasonably be expected to give rise to legal liability in excess of the Threshold Amount. There Except as specifically disclosed in Schedule 4 attached hereto, there has been no disposal from the Premises by Borrower or any Subsidiary (or to the best of the Borrower’s knowledge after investigationknowledge, by any other Person) directly or indirectly of any Hazardous Substances to, on or in any site currently listed or formally proposed to be listed on the National Priorities List under Superfund or any site listed on any priority cleanup list compiled by any state department of ecology or environmental quality. The Except as specifically disclosed in Schedule 4 attached hereto, neither Borrower nor any Subsidiary has not and or will not be involved in any operations at or near the Premises Premises, which operations operations, when conducted in accordance with applicable law law, could reasonably be expected to lead to: (a) the imposition of legal liability under Environmental Laws on the Borrower Borrower, any Subsidiary or any subsequent owner of the Premises in excess of the Threshold Amount or (b) the creation of a lien Lien on the Premises under Environmental Laws Laws, the creation of which could have an adverse effect upon the perfection or priority of any Lien granted under any similar laws or regulationsof the Security Documents.