Environmental Permits. (I) NU and each of the NU Subsidiaries has obtained or has applied for all environmental, health and safety permits and governmental authorizations (collectively, the "Environmental Permits") necessary for the construction of their facilities or the conduct of their operations, except where the failure to so obtain, individually or in the aggregate, would not have a Material Adverse Effect on NU, (II) all such Environmental Permits are in good standing or, where applicable, a renewal application has been timely filed and is pending agency approval, except where the failure of such Environmental Permits to be in good standing or to have filed a renewal application on a timely basis would not, individually or in the aggregate, have a Material Adverse Effect on NU, (III) NU and, to the knowledge of NU, the NU Subsidiaries are in material compliance with all terms and conditions of the Environmental Permits, except where failure to so comply, individually or in the aggregate, would not have a Material Adverse Effect on NU and (IV) neither NU nor, to the knowledge of NU, any of the NU Subsidiaries has been advised by any Governmental Entity of any potential change in the terms and conditions of the Environmental Permits either prior to or upon their renewal, except for such potential changes as would not, individually or in the aggregate, have a Material Adverse Effect on NU.
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Samples: Agreement and Plan of Merger (Consolidated Edison Inc), Merger Agreement (Consolidated Edison Inc), Merger Agreement (Northeast Utilities System)
Environmental Permits. (IA) NU CEI and each of the NU CEI Subsidiaries has obtained or has applied for all environmental, health and safety permits and governmental authorizations (collectively, the "Environmental Permits") Permits necessary for the construction of their facilities or the conduct of their operations, except where the failure to so obtain, individually or in the aggregate, would not have a Material Adverse Effect on NUCEI, (IIB) all such Environmental Permits are in good standing or, where applicable, a renewal application has been timely filed and is pending agency approval, except where the failure of such Environmental Permits to be in good standing or to have filed a renewal application on a timely basis would not, individually or in the aggregate, have a Material Adverse Effect on NUCEI, (IIIC) NU CEI and, to the knowledge of NUCEI, the NU CEI Subsidiaries are in material compliance with all terms and conditions of the Environmental Permits, except where failure to so comply, individually or in the aggregate, would not have a Material Adverse Effect on NU CEI and (IVD) neither NU CEI nor, to the knowledge of NUCEI, any of the NU CEI Subsidiaries has been advised by any Governmental Entity of any potential change in the terms and conditions of the Environmental Permits either prior to or upon their renewal, except for such potential changes as would not, individually or in the aggregate, have a Material Adverse Effect on NUCEI.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Consolidated Edison Inc), Merger Agreement (Consolidated Edison Inc), Agreement and Plan of Merger (Northeast Utilities System)
Environmental Permits. (IA) NU The Company and each of the NU Company Subsidiaries has obtained or has applied for all environmental, health and safety permits and governmental authorizations (collectively, the "Environmental Permits") necessary for the construction of their facilities or the conduct of their operations, operations except where the failure to so obtain, individually or in the aggregate, would not have a Company Material Adverse Effect on NUEffect, (IIB) all such Environmental Permits are in good standing or, where applicable, a renewal application has been timely filed and is pending agency approval, approval except where the failure of such Environmental Permits to be in good standing or to have filed a renewal application on a timely basis would not, individually or in the aggregate, have a Company Material Adverse Effect on NUEffect, (IIIC) NU and, to the knowledge of NU, Company and the NU Company Subsidiaries are in material compliance with all terms and conditions of the Environmental Permits, except where failure to so comply, individually or in the aggregate, would not have a Company Material Adverse Effect on NU and (IVD) neither NU nor, to the knowledge of NU, Company nor any of the NU Company Subsidiaries has been advised by any Governmental Entity Authority of any potential change in the terms and conditions of the Environmental Permits either prior to or upon their renewal, except for such potential changes as would not, individually or in the aggregate, have a Company Material Adverse Effect on NUEffect.
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Samples: Merger Agreement (Consolidated Edison Co of New York Inc), Merger Agreement (Orange & Rockland Utilities Inc)
Environmental Permits. (Ii) NU and each Each of the NU Company, the Company Subsidiaries and Company Joint Ventures has obtained and maintains or has applied for all environmentalPermits required pursuant to Environmental Laws, health and safety permits and governmental authorizations including, without limitation, all Permits required under the New Source Review program of the Federal Clean Air Act, 42 U.S.C. § 7401 et seq (collectively, the "“Environmental Permits"”) necessary for the construction construction, maintenance or modification of their its facilities or and the conduct of their operationsits operations under Environmental Laws, except where the failure such failures to so obtainobtain would not, individually or in the aggregate, would not reasonably be expected to have a Company Material Adverse Effect on NU, Effect; (IIii) all such Environmental Permits are in good standing and are no longer subject to judicial or administrative appeal or, where applicable, a renewal application has been timely filed and is pending agency approval, except where the failure of such Environmental Permits deficiencies or possible appeals or failures to be in good standing or to have filed a renewal application on a timely basis renew would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect on NUEffect; (iii) there are no proceedings pending, (III) NU and, or to the knowledge of NUthe Company, threatened to revoke, cancel, materially modify or terminate such Environmental Permits; and (iv) each of the Company, the NU Company Subsidiaries are and Company Joint Ventures is and has been in material compliance with all terms and conditions of the Environmental Permits, except where failure failures to so comply, individually or in the aggregate, would not have a Material Adverse Effect on NU and (IV) neither NU nor, to the knowledge of NU, any of the NU Subsidiaries has been advised by any Governmental Entity of any potential change in the terms and conditions of the Environmental Permits either prior to or upon their renewal, except for such potential changes as comply would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect on NUEffect.
Appears in 2 contracts
Samples: Merger Agreement (Midamerican Energy Holdings Co /New/), Merger Agreement (Constellation Energy Group Inc)
Environmental Permits. (IA) NU The Company and each of the NU Company Subsidiaries has obtained or has applied for all environmental, health and safety permits and governmental authorizations (collectively, the "" Environmental Permits") necessary for the construction of their facilities or the conduct of their operations, operations except where the failure to so obtain, individually or in the aggregate, would not have a Company Material Adverse Effect on NUEffect, (IIB) all such Environmental Permits are in good standing or, where applicable, a renewal application has been timely filed and is pending agency approval, approval except where the failure of such Environmental Permits to be in good standing or to have filed a renewal application on a timely basis would not, individually or in the aggregate, have a Company Material Adverse Effect on NUEffect, (IIIC) NU and, to the knowledge of NU, Company and the NU Company Subsidiaries are in material compliance with all terms and conditions of the Environmental Permits, except where failure to so comply, individually or in the aggregate, would not have a Company Material Adverse Effect on NU and (IVD) neither NU nor, to the knowledge of NU, Company nor any of the NU Company Subsidiaries has been advised by any Governmental Entity Authority of any potential change in the terms and conditions of the Environmental Permits either prior to or upon their renewal, except for such potential changes as would not, individually or in the aggregate, have a Company Material Adverse Effect on NUEffect.
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