Common use of Environmental Litigation Clause in Contracts

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. No Except as set forth on Exhibit 10.9, no suit, claim, action or proceeding of which any Obligor Borrower or any Subsidiary has been given notice or otherwise has knowledge is now pending before any court, governmental agency Governmental Authority or board or other forum, or to the knowledge of any of the Borrower and its SubsidiariesBorrower’s or any Subsidiary’s knowledge, threatened by any Person (nor to the knowledge of any of the each Borrower and its Subsidiarieseach Subsidiary, does any factual basis exist therefor) for, and none of the neither any Borrower and its Subsidiaries have nor any Subsidiary has received written correspondence from any federal, state or local governmental authority Governmental Authority with respect to, except to the extent any of the following would not have a Material Adverse Effect: (a) noncompliance by the any 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 any 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 any Borrower or any Subsidiary thereof of any Hazardous Material generated by the a Borrower or any Subsidiary thereof whether or not occurring at or on a site owned, leased or operated by the any Borrower or any Subsidiary thereofSubsidiary.