Environmental Litigation. No action, proceeding, revocation proceeding, amendment procedure, writ, injunction or claim is pending, or to the best of the Company's knowledge, threatened, concerning or relating to any Environmental Permit or any Hazardous Materials Activity of the Company or any of its subsidiaries relating to their business, or any Business Facility.
Environmental Litigation. Except in instances in which such event has not resulted, and does not create a material risk of resulting, in a Material Adverse Effect, no suit, claim, action or proceeding of which the Company or any of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the Company's or any of its Subsidiaries knowledge, threatened by any Person (nor to the Company's or any of its Subsidiaries' knowledge, does any factual basis exist therefor) for, and neither the Company nor any of its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to:
(a) noncompliance by the Company or any of its Subsidiaries with any Environmental Law;
(b) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Company or any of its Subsidiaries (including products made of, containing or incorporating asbestos, lead or other hazardous materials, commodities or toxic substances); or
(c) the release into the environment by the Company or any of its Subsidiaries of any Hazardous Material generated by the Company or any of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by the Company or any of its Subsidiaries.
Environmental Litigation. As of the date hereof and except where any matter described in clauses (i) or (ii) would not reasonably be expected to result in a Material Adverse Effect, (i) no suit, claim, action or proceeding of which the Company or any of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the Company’s or any of its Subsidiaries’ knowledge, threatened by any Person (nor to the Company’s or any of its Subsidiaries’ knowledge, does any factual basis exist therefor), and (ii) neither the Company nor any of its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to:
(i) noncompliance by the Company or any of its Subsidiaries with any Environmental Law;
(ii) personal injury, wrongful death or other tortuous conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Company or any of its Subsidiaries (including products made of, containing or incorporating asbestos, lead or other hazardous materials, commodities or toxic substances); or
(iii) the release into the environment by the Company or any of its Subsidiaries of any Hazardous Material generated by the Company or any of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by the Company or any of its Subsidiaries.
Environmental Litigation. Except as set forth on Schedule 5.08 (or as disclosed in writing to Administrative Agent after the Closing Date pursuant to Section 6.03; provided that such disclosure will not operate as a waiver of any right, power or remedy of the Lending Parties under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents), no suit, claim (including any Environmental Claim), action or proceeding of which any Borrower or any Subsidiary has been given notice or otherwise has knowledge is now pending before any court, board or other Governmental Authority, or to any Borrower’s or any Subsidiary’s knowledge, threatened by any Person (nor to the knowledge of each Borrower and each Subsidiary, does any factual basis exist therefor) for, and neither any Borrower nor any Subsidiary has received written correspondence from any Governmental Authority with respect to, except to the extent any of the following could not reasonably be expected to cause a Material Adverse Change:
(i) noncompliance by any Borrower or any Subsidiary with any applicable Environmental Law;
(ii) personal injury, wrongful death or other tortious conduct relating to Hazardous Materials used, generated, sold, transferred or manufactured by any Borrower or any Subsidiary (including products made of, containing or incorporating Hazardous Materials); or
(iii) the release into the environment by any Borrower or any Subsidiary of any Hazardous Material generated by a Borrower or any Subsidiary whether or not occurring at or on a site owned, leased or operated by any Borrower or any Subsidiary.
Environmental Litigation. No Action is pending, or to the best of Seller's knowledge, threatened, concerning or relating to any Environmental Permit or violation of or non-compliance with any Environmental Law of Seller related to the Business.
Environmental Litigation. No suit, claim, action or proceeding of which any Obligor has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to any Obligor's knowledge, threatened by any Person (nor to any Obligor's knowledge, does any factual basis exist therefor) for, and none of the Obligors have received written correspondence from any federal, state or local governmental authority with respect to:
(a) noncompliance by any Obligor with any Environmental Law;
(b) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by any Obligor (including products made of, containing or incorporating asbestos, lead or other hazardous materials, commodities or toxic substances); or
(c) the release into the environment by any Obligor of any Hazardous Material generated by any Obligor whether or not occurring at or on a site owned, leased or operated by any Obligor.
Environmental Litigation. No suit, claim, action or proceeding of which any Obligor has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the knowledge of any of the Borrower and its Subsidiaries, threatened by any Person (nor to the knowledge of any of the Borrower and its Subsidiaries, does any factual basis exist therefor) for, and none of the Borrower and its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to:
(a) noncompliance by the Borrower or any Subsidiary thereof with any Environmental Law;
(b) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Borrower or any Subsidiary thereof (including products made of, containing or incorporating asbestos, lead or other hazardous materials, commodities or toxic substances); or
(c) the release into the environment by the Borrower or any Subsidiary thereof of any Hazardous Material generated by the Borrower or any Subsidiary thereof whether or not occurring at or on a site owned, leased or operated by the Borrower or any Subsidiary thereof.
Environmental Litigation. Except as set forth in Section 3.21(e) of the Company Disclosure Schedule, no action, proceeding, revocation proceeding, amendment procedure, writ, injunction or Litigation Claim is pending, or threatened, nor to the Knowledge of the Company are there any other Claims pending or threatened in writing, concerning or relating to any Environmental Permit or any Hazardous Materials Activity of the Company.
Environmental Litigation. No suit, claim, action or ------------------------ proceeding of which the Company or any of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the Company's or any of its Subsidiaries knowledge, threatened by any Person (nor to the Company's or any of its Subsidiaries' knowledge, does any factual basis exist therefor) for, and neither the Company nor any of its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to:
(1) noncompliance by the Company or any of its Subsidiaries with any Environmental Law;
(2) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Company or any of its Subsidiaries (including products made of, containing or incorporating asbestos, lead or other Hazardous Material, commodities or toxic substances); or
(3) the release into the environment by the Company or any of its Subsidiaries of any Hazardous Material generated by the Company or any of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by the Company or any of its Subsidiaries.
Environmental Litigation. Except as set forth in Section 3.25(d) of the Sellers’ Disclosure Letter, no action, proceeding, revocation proceeding, amendment procedure, writ, injunction or claim is pending, or to Sellers’ Knowledge, threatened, concerning any Environmental Permit or any Hazardous Materials Activity of Sellers or any of their Subsidiaries relating to its business, or any Business Facility.
