Environmental Matters; Real Property Sample Clauses
Environmental Matters; Real Property. (a) None of the Securitization Entities is subject to any liabilities or obligations pursuant to any Environmental Law or with respect to any Materials of Environmental Concern that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
(b) Other than exceptions to any of the following that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect:
(i) The Securitization Entities: (i) are, and within the period of all applicable statutes of limitation have been, in compliance with all applicable Environmental Laws, (ii) hold all Environmental Permits (each of which is in full force and effect) required for any of their current or intended operations or for any property owned, leased, or otherwise operated by any of them and have obtained all Environmental Permits for any intended operations when such Environmental Permits are required and (iii) are, and within the period of all applicable statutes of limitation have been, in compliance with all of their Environmental Permits.
(ii) Materials of Environmental Concern are not present at, on, under, in, or about any Real Estate Assets now or formerly owned, leased or operated by any Securitization Entity, or at any other location (including, without limitation, any location to which Materials of Environmental Concern have been sent for re-use or recycling or for treatment, storage or disposal) which could reasonably be expected to (i) give rise to liability of any Securitization Entity under any applicable Environmental Law or otherwise result in costs to any Securitization Entity, (ii) interfere with any Securitization Entity’s continued operations or (iii) impair the fair saleable value of any real property owned by any Securitization Entity.
(iii) There is no judicial, administrative, or arbitral proceeding (including, without limitation, any notice of violation or alleged violation) under or relating to any Environmental Law to which any Securitization Entity is, or to the knowledge of the Securitization Entities will be, named as a party that is pending or, to the knowledge of the Securitization Entities, threatened.
(iv) No Securitization Entity has received any written request for information, or been notified that it is a potentially responsible party under or relating to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, or any other Environmental Law, or with respect to a...
Environmental Matters; Real Property. (a) None of the Securitization Entities are subject to any material liabilities or obligations pursuant to any Environmental Law.
(b) None of the Securitization Entities (other than the Domestic Distribution Real Estate Holder and the Master Issuer) owns, leases or operates any real property (other than in connection with any Refranchising Asset Disposition).
Environmental Matters; Real Property. (a) Except as disclosed on Schedule 4.16A of the DWS Disclosure Schedules or as have not had and would not be reasonably expected to have, individually or in the aggregate, a DWS Material Adverse Effect:
(1) no notice, notification, demand, request for information, citation, summons or order has been received by DWS, no complaint has been filed, no penalty has been assessed, and no investigation, action, claim, suit, proceeding or review (or any basis therefor) is pending or, to the knowledge of DWS, is threatened against DWS by any Governmental Body or other Person relating to or arising out of any Environmental Law;
(2) DWS is and has been in material compliance with all Environmental Laws and all Environmental Permits; and
(3) there are no liabilities of or relating to DWS of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise arising under or relating to any Environmental Law and there are no facts, conditions, situations or set of circumstances that could reasonably be expected to result in or be the basis for any such liability.
(b) There have been no environmental assessments, investigations, studies, audits, tests, reviews or other analyses conducted of which DWS has knowledge in relation to the current or prior business of DWS or any property or facility now or previously owned or leased by DWS that reveal matters that, individually or in the aggregate, have had or would reasonably be expected to have a DWS Material Adverse Effect.
(c) Except as set forth on Schedule 4.16C of the DWS Disclosure Schedules, DWS does not and has not owned, leased or subleased any real property.
(d) For purposes of this Section 4.16, the term "DWS" shall include DWS Delaware and any entity that is, in whole or in part, a predecessor of DWS or DWS Delaware.
Environmental Matters; Real Property. (a) Except as have not had and would not be reasonably expected to have, individually or in the aggregate, a Company Material Adverse Effect:
(1) no notice, notification, demand, request for information, citation, summons or order has been received by the Company, no complaint has been filed, no penalty has been assessed, and no investigation, action, claim, suit, proceeding or review (or any basis therefor) is pending or, to the knowledge of the Company, is threatened against the Company by any Governmental Body or other Person relating to or arising out of any Environmental Law;
(2) the Company is and has been in material compliance with all Environmental Laws and all Environmental Permits; and
(3) there are no liabilities of or relating to the Company of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise arising under or relating to any Environmental Law and there are no facts, conditions, situations or set of circumstances that could reasonably be expected to result in or be the basis for any such liability.
(b) There have been no environmental assessments, investigations, studies, audits, tests, reviews or other analyses conducted (collectively, "Environmental Reports") of which the Company has knowledge in relation to the current or prior business of the Company or any property or facility now or previously owned or leased by the Company that reveal matters that, individually or in the aggregate, have had or would reasonably be expected to have a Company Material Adverse Effect.
(c) The Company does not and has not owned, leased or subleased any real property.
(d) For purposes of this Section 4.18, the term "the Company" shall include any entity that is, in whole or in part, a predecessor of the Company.
Environmental Matters; Real Property. (a) The Guarantor is not subject to any material liabilities or obligations pursuant to any Environmental Law.
(b) The Guarantor does not own, lease or operate any real property.
Environmental Matters; Real Property. Except as set forth in Section 3.19 of the Disclosure Schedules:
(a) there are no Actions or Orders pending or threatened, which allege material Liabilities or violations arising under or relating to any Environmental Law with respect to Seller or its Affiliates (other than the Company) (in each case, to the extent relating to the Company) or the Company;
(b) Seller or its Affiliates (other than the Company) (in each case, to the extent relating to the Company) or the Company possesses and in the past possessed all material environmental permits necessary for its operations to comply in all material respects with all applicable Environmental Laws and is and has been in compliance in all material respects with the terms of such permits and with all other applicable Environmental Laws;
(c) there have been no material written environmental audits, analyses, studies or assessments relating to the Company or any property currently or formerly owned or operated by the Company within the prior twenty years which have not been delivered to Buyer prior to the date hereof;
(d) after giving effect to the transactions contemplated by the Restructuring Agreement, the Company will not own or lease any real property; and
(e) to the Knowledge of Seller, there are no circumstances or conditions involving Seller or its Affiliates (other than the Company) (in each case, to the extent relating to the Business) or the Company, including indemnities, third party or employee exposure, or third party contaminated or waste disposal sites that would reasonably be expected to result in any material Actions or Liabilities with respect to the Company relating to any Environmental Law.
Environmental Matters; Real Property. Except as set forth on this Schedule, IDC does not and has not owned, leased or subleased any real property.
Environmental Matters; Real Property. Except as set forth on this Schedule, DWS does not and has not owned, leased or subleased any real property. DWS does not and has not owned, leased or subleased any real property, except for lease agreements for the following: 00000 Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxx, XX X0X 0X0, Xxxxxx 0000 Xxxxxxx Xxxxx, Xxxxx 0, Xxxxxxxxxxx, XX X0X 0X0, Xxxxxx Wayne Interchange Plaza 1, 000 Xxxxx 00 Xxxx, 0xx xxxxx, Xxxxx, XX 00000, XXX
Environmental Matters; Real Property. Except as disclosed on Schedule 3.20:
(a) there are no Actions or Orders pending or threatened, which allege Liabilities or violations arising under any Environmental Law and relating to the Company or AFIMS;
(b) the Company and AFIMS have and in the past have possessed all environmental permits necessary for their operations to comply with all applicable Environmental Laws and are and have been in compliance with the terms of such permits and with all other applicable Environmental Laws;
(c) there have been no written environmental audits, analyses, studies or assessments conducted within the past three years relating to the Company or AFIMS or any property currently or formerly owned or operated by the Company or AFIMS in connection with the Business which has not been delivered to Buyer prior to the date hereof; and
(d) neither the Company nor AFIMS own or lease, nor have they owned or leased, any real property; and
(e) there are no other circumstances or conditions involving the Business, including indemnities, third party or employee exposure, third party contaminated or waste disposal sites that would reasonably be expected to result in any Actions or Liabilities with respect to the Company or AFIMS relating to any Environmental Law.
Environmental Matters; Real Property. (a) Except as disclosed on this Schedule or as have not had and would not be reasonably expected to have, individually or in the aggregate, a DWS Material Adverse Effect:
(1) no notice, notification, demand, request for information, citation, summons or order has been received by DWS, no complaint has been filed, no penalty has been assessed, and no investigation, action, claim, suit, proceeding or review (or any basis therefor) is pending or, to the knowledge of DWS, is threatened against DWS by any Governmental Body or other Person relating to or arising out of any Environmental Law;
(2) DWS is and has been in material compliance with all Environmental Laws and all Environmental Permits; and
(3) there are no liabilities of or relating to DWS of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise arising under or relating to any Environmental Law and there are no facts, conditions, situations or set of circumstances that could reasonably be expected to result in or be the basis for any such liability. No exceptions.