Common use of Environmental Litigation Clause in Contracts

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. 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 No suit, claim (including any Environmental Claim)claim, action or ------------------------ proceeding of which any Borrower or any Subsidiary of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other Governmental Authorityforum, or to any a Borrower’s 's or any Subsidiary’s of its Subsidiaries' knowledge, threatened by any Person (nor to the knowledge of each Borrower and each Subsidiaryits Subsidiaries, does any factual basis exist therefor) for, and neither any Borrower nor any Subsidiary has of its Subsidiaries have received written correspondence from any Governmental Authority federal, state or local governmental authority with respect to, except to the extent any of the following could not reasonably be expected to cause a Material Adverse Change: (ia) noncompliance by any Borrower or any Subsidiary of its Subsidiaries with any applicable Environmental Law; (iib) personal injury, wrongful death or other tortious conduct relating to Hazardous Materials tomaterials, commodities or products used, generated, sold, transferred or manufactured by any Borrower or any Subsidiary of its Subsidiaries (including products -57- made of, containing or incorporating Hazardous Materialsasbestos, lead or other hazardous materials, commodities or toxic substances); or (iiic) the release into the environment by any Borrower or any Subsidiary of any its Subsidiaries of any: Hazardous Material generated by a Borrower or any Subsidiary of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by any Borrower or any Subsidiaryof 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 No suit, claim (including any Environmental Claim)claim, action or proceeding of which any Borrower or any Subsidiary of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, Governmental Authority or board or other Governmental Authorityforum, or to any Borrower’s or any Subsidiary’s of its Subsidiaries’ knowledge, threatened by any Person (nor to the knowledge of each Borrower and each Subsidiaryits Subsidiaries, does any factual basis exist therefor) for, and neither any Borrower nor any Subsidiary has of its Subsidiaries have received written correspondence from any Governmental Authority with respect to, except to the extent any of the following could would not reasonably be expected to cause have a Material Adverse ChangeEffect: (ia) noncompliance by any Borrower or any Subsidiary of its Subsidiaries with any applicable Environmental Law; (iib) personal injury, wrongful death or other tortious conduct relating to Hazardous Materials materials, commodities or products used, generated, sold, transferred or manufactured by any Borrower or any Subsidiary of its Subsidiaries (including products made of, containing or incorporating Hazardous Materialsasbestos, lead or other hazardous materials, commodities or toxic substances); or (iiic) the release into the environment by any Borrower or any Subsidiary of its Subsidiaries of any Hazardous Material generated by a Borrower or any Subsidiary of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by any Borrower or any Subsidiaryof its Subsidiaries.