Common use of Environmental Reports Clause in Contracts

Environmental Reports. (a) [Reserved]. (b) In the event any Borrower (i) obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any Borrower’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”), then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect), give written notice of same to Agent describing the facts and circumstances of which any Borrower giving rise to such Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent). Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any site owned, operated or used by any Borrower to manage Hazardous Materials and shall, upon request by Agent with respect thereto, continue to forward to Agent copies of correspondence between any Borrower and the Governmental Body with jurisdiction over such matter regarding such claims until such matter is settled or resolved. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto.

Environmental Reports. (a) [Reserved]To the extent any Loan Party is not in material compliance with applicable Environmental Laws, such Loan Party shall furnish Lenders, concurrently with the delivery of the financial statements referred to in Section 9.7 hereof, with a certificate signed by an officer of Borrowing Agent setting forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) obtains, gives or Loan Party receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at any of the Real Property owned or leased by any Loan Party (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the any such Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the such Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent after such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)receipt, give written notice of same to Agent describing the and Lenders detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly shall, concurrently with the delivery of the monthly financial statements required to be delivered to Lenders pursuant to Section 9.9 hereof with respect to the period in which such copies, notification or demand letter are received, forward to Agent and Lenders copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent and Lenders, concurrently with the delivery of the monthly financial statements required to be delivered to Lenders pursuant to Section 9.9 hereof with respect to the period in which such correspondence is received, copies of all material correspondence between received by any Borrower and the Loan Party from any Governmental Body with jurisdiction over such matter regarding such claims until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent and Lenders copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the any Real PropertyProperty owned or leased by any Loan Party, operations or business that any Borrower Loan Party is required to file under any Environmental Laws, in each case concurrently with the delivery of the monthly financial statements required to be delivered to Lenders pursuant to Section 9.9 hereof with respect to the period in which such filing occurred. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]To the extent any Loan Party is not in material compliance with applicable Environmental Laws, such Loan Party shall furnish Agent, concurrently with the delivery of the financial statements referred to in Section 9.7 hereof, with a certificate signed by an officer of Borrowing Agent setting forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) obtains, gives or Loan Party receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at any of the Real Property owned or leased by any Loan Party (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the any such Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the such Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent after such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)receipt, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly shall, concurrently with the delivery of the monthly financial statements required to be delivered to Agent pursuant to Section 9.9 hereof with respect to the period in which such copies, notification or demand letter are received, forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent, concurrently with the delivery of the monthly financial statements required to be delivered to Agent pursuant to Section 9.9 hereof with respect to the period in which such correspondence is received, copies of all material correspondence between received by any Borrower and the Loan Party from any Governmental Body with jurisdiction over such matter regarding such claims until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the any Real PropertyProperty owned or leased by any Loan Party, operations or business that any Borrower Loan Party is required to file under any Environmental Laws, in each case concurrently with the delivery of the monthly financial statements required to be delivered to Agent pursuant to Section 9.9 hereof with respect to the period in which such filing occurred. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]Deliver to Agent, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8 hereof, with a certificate signed by the President, Chief Executive Officer or Controller of Borrowing Agent stating, to the best of his knowledge, that each Loan Party is in compliance in all material respects with all applicable Environmental Laws, except to the extent such non-compliance could not reasonably be expected to result in a Material Adverse Effect. To the extent any Loan Party is not in such material compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) Loan Party obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the any Real Property owned or leased by any Loan Party (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) written notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the any such Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the such Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Loan Party and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all material documents and reports concerning a Hazardous Discharge or Environmental Complaint at the any Real PropertyProperty owned or leased by any Loan Party, operations or business that any Borrower Loan Party is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]To the extent any Loan Party is not in material compliance with applicable Environmental Laws, such Loan Party shall furnish Agent, concurrently with the delivery of the financial statements referred to in Section 9.7 hereof, with a certificate signed by an officer of Borrowing Agent setting forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) obtains, gives or Loan Party receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at all of the Real Property owned or leased by any Loan Party (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the any such Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the such Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent after such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)receipt, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly shall, concurrently with the delivery of the monthly financial statements required to be delivered to Agent pursuant to Section 9.9 hereof with respect to the period in which such copies, notification or demand letter are received, forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent, concurrently with the delivery of the monthly financial statements required to be delivered to Agent pursuant to Section 9.9 hereof with respect to the period in which such correspondence is received, copies of all material correspondence between received by any Borrower and the Loan Party from any Governmental Body with jurisdiction over such matter regarding such claims until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the any Real PropertyProperty owned or leased by any Loan Party, operations or business that any Borrower Loan Party is required to file under any Environmental Laws, in each case concurrently with the delivery of the monthly financial statements required to be delivered to Agent pursuant to Section 9.9 hereof with respect to the period in which such filing occurred. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]. (b) In the event any Borrower (i) Loan Party obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, then Borrowing Agent shallincluding any Governmental Body, within ten (10) Business Days (or within five (5) Business Days in each case to the extent such Hazardous Discharge or Environmental Complaint violation could reasonably be expected to result in a Material Adverse Effect), then Borrowing Agent shall, within five (5) Business Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Loan Party and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until the claim is settled, in each case to the extent such matter is settled or resolvedclaim could reasonably be expected to result in a Material Adverse Effect. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower Loan Party is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]. (b) In the event any Borrower (i) Company obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property owned or leased by any Company (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the such Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the such Real Property or any BorrowerCompany’s interest therein or the operations or the business of any Borrower which could reasonably be expected to have a Material Adverse Effect (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Company is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender Cash Collateral Provider with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Company to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Company and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real PropertyProperty owned or leased by any Company, operations or business that any Borrower Company is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]. (b) In the event any Borrower (i) obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any Borrower’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”), then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect), give written notice of same to Agent describing the facts and circumstances of which any Borrower giving rise to such Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent). Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto.. [Innovex] 2nd A&R Credit Agreement 128 (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any site owned, operated or used by any Borrower to manage Hazardous Materials and shall, upon request by Agent with respect thereto, continue to forward to Agent copies of correspondence between any Borrower and the Governmental Body with jurisdiction over such matter regarding such claims until such matter is settled or resolved. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto.

Environmental Reports. (a) [Reserved]Furnish Agents, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8, with a certificate signed by the President of Borrowing Agent stating, to the best of his knowledge, that each Loan Party is in compliance in all material respects with all applicable Environmental Laws. To the extent any Loan Party is not in compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) Loan Party obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the Agents detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent Agents to protect its their security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon any Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent Agents copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Loan Party and the Governmental Body with jurisdiction over such matter regarding such claims to Agents until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent Agents copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower Loan Party is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent Agents to protect Agent’s Agents’ security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]. (b) In the event any Borrower (i) Company obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property owned or leased by any Company (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the such Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the such Real Property or any BorrowerCompany’s interest therein or the operations or the business of any Borrower which could reasonably be expected to have a Material Adverse Effect (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Company is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Company to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Company and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real PropertyProperty owned or leased by any Company, operations or business that any Borrower Company is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]. (b) In Liberty shall provide Peoples copies of any environmental reports it has obtained or received with respect to the event Real Property within five business days after the date hereof. Peoples, in its discretion, within 20 days after the date hereof, shall order a phase one and/or phase two environmental report with respect to any Borrower real estate of Liberty; provided, however, that no such reports may be requested with respect to single family non-agricultural property of one acre or less unless Peoples has reason to believe that such property might contain any waste materials or otherwise might be contaminated. Peoples shall have 15 business days from the receipt of any such environmental reports to notify Liberty of any dissatisfaction with the contents of such reports. Should the cost of taking all remedial or other corrective actions and measures with respect to all of such real estate, (i) obtainsrequired by applicable law, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice recommended or suggested by such report or reports or prudent in light of violationserious life, request health or safety concerns, in the aggregate, exceed the sum of $10,000 as reasonably estimated by an environmental expert retained for information or notification that such Borrower is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) demand letter or complaint, order, citationpurpose by Peoples and reasonably acceptable to Liberty, or other written notice if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with regard to any Hazardous Discharge or violation reasonable degree of Environmental Laws affecting the Real Property or any Borrower’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as certainty such circumstances shall be deemed an “Environmental Complaint”)Problem.” Upon the occurrence of an Environmental Problem, then Borrowing Agent shall, within ten (10) Business Days (Peoples shall have the right to terminate this Agreement. All costs of any phase one investigation and any phase two investigation or within five (5) Business Days environmental report requested pursuant to this Section that does not recommend or suggest the taking of any remedial or corrective actions shall be at Peoples’ sole cost and expense. Liberty agrees to pay the costs of any phase two investigation prepared or conducted at Peoples’ request pursuant to this Section that recommends or suggests the taking of remedial or corrective action. Peoples does hereby agree to restore at its cost any property for which it has undertaken an environmental investigation to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect), give written notice of same to Agent describing the facts and circumstances of which any Borrower giving rise condition existing immediately prior to such Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent). Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to investigation if the investigation does not recommend or cleanup suggest the taking of Hazardous Materials at any site owned, operated remedial or used by any Borrower to manage Hazardous Materials and shall, upon request by Agent with respect thereto, continue to forward to Agent copies of correspondence between any Borrower and the Governmental Body with jurisdiction over such matter regarding such claims until such matter is settled or resolved. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretocorrective action.

Environmental Reports. (a) [Reserved]Furnish Agent, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8, with a certificate signed by an Authorized Officer of Borrowing Agent stating, to the best of his knowledge, that each Borrower and each Guarantor is in compliance in all material respects with all applicable Environmental Laws. To the extent any Borrower or Guarantor is not in compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Borrower or Guarantor will implement in order to achieve full compliance. (b) In the event any Borrower (i) or Guarantor obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any Borrower’s or Guarantor’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower or any Guarantor is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower or Guarantor to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower or Guarantor and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower or Guarantor is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]Furnish Agent, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8, with a certificate signed by the President of Borrowing Agent stating, to the best of his knowledge, that each Loan Party is in compliance in all material respects with all applicable Environmental Laws. To the extent any Loan Party is not in compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) Loan Party obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Loan Party and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a material Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower Loan Party is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]i. To the extent any Loan Party is not in material compliance with applicable Environmental Laws, such Loan Party shall furnish Lenders, concurrently with the delivery of the financial statements referred to in Section 9.7 hereof, with a certificate signed by an officer of Borrowing Agent setting forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) ii. In the event any Borrower (i) obtains, gives or Loan Party receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at any of the Real Property owned or leased by any Loan Party (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the any such Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the such Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent after such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)receipt, give written notice of same to Agent describing the and Lenders detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) iii. Borrowing Agent shall promptly shall, concurrently with the delivery of the monthly financial statements required to be delivered to Lenders pursuant to Section 9.9 hereof with respect to the period in which such copies, notification or demand letter are received, forward to Agent and Lenders copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent and Lenders, concurrently with the delivery of the monthly financial statements required to be delivered to Lenders pursuant to Section 9.9 hereof with respect to the period in which such correspondence is received, copies of all material correspondence between received by any Borrower and the Loan Party from any Governmental Body with jurisdiction over such matter regarding such claims until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent and Lenders copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the any Real PropertyProperty owned or leased by any Loan Party, operations or business that any Borrower Loan Party is required to file under any Environmental Laws, in each case concurrently with the delivery of the monthly financial statements required to be delivered to Lenders pursuant to Section 9.9 hereof with respect to the period in which such filing occurred. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]Furnish Agent, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8, with a certificate signed by the President of Borrowing Agent stating, to the best of his knowledge, that each Loan Party is in compliance in all material respects with all applicable Environmental Laws. To the extent any Loan Party is not in compliance with the foregoing Laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) Loan Party obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property any real property owned, leased or occupied by any Loan Party (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property any real property owned, leased or (B) occupied by any Loan Party, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property any real property owned, leased or occupied by any Loan Party or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Loan Party and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Propertyany real property owned, leased or occupied by any Loan Party, operations or business that any Borrower Loan Party is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]Furnish Agent, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8, with a certificate signed by the President of Borrowing Agent stating, to the best of his knowledge, that each Borrower is in compliance in all material respects with all applicable Environmental Laws. To the extent any Borrower is not in compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Borrower will implement in order to achieve full compliance. (b) In the event any Borrower (i) obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials Substance at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) written notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any Borrower’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials Substances at any other site owned, operated or used by any Borrower to manage Hazardous Materials Substances and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolved. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]. (b) Borrower has obtained all material environmental, health and safety Authorizations required under all Applicable Environmental Laws to carry on its business as being conducted, except where the failure to obtain such Authorizations could not reasonably be expected to have a Material Adverse Effect. Each of such Authorizations is in full force and effect and Borrower is in compliance with the terms and 25 conditions thereof, and is also in compliance with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in any applicable Environmental Law or in any regulation, code, plan, order, decree, judgment, injunction, notice or demand letter issued, entered, promulgated or approved thereunder, except to the extent the failure to have such Authorizations or comply with any of the terms and conditions thereof could not reasonably be expected to have a Material Adverse Effect. In addition, no written notice, notification, demand, request for information, citation, summons or order has been issued, no written complaint has been filed, no penalty has been assessed and no investigation or review is pending or, to the event best knowledge of Borrower, threatened, by any Tribunal or other entity with respect to any alleged failure by Borrower (i) obtainsto have any environmental, gives health or receives notice from safety Authorization required under any Person (including Applicable Environmental Law in connection with the conduct of the business of Borrower or with respect to any Governmental Body) of any Release generation, treatment, storage, recycling, transportation, discharge, disposal or threat of Release of a reportable quantity release of any Hazardous Materials at by Borrower, the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice effect of violation, request for information or notification that such Borrower is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any Borrower’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”), then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint which could reasonably be expected to result in have a Material Adverse Effect), give written notice . There are no environmental liabilities of same Borrower which could reasonably be expected to Agent describing the facts cause a Material Adverse Change. Mortgagors of Property in which Borrower holds a mortgage or similar lien and circumstances tenants under leases of which any Properties owned by Borrower giving rise to such Hazardous Discharge are contractually (a) prohibited from generating or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent). Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of producing Hazardous Materials at or in connection with the Properties of Borrower and disposing of any site owned, operated or used by any Borrower to manage Hazardous Materials on or to any Property of Borrower, except in compliance with Applicable Environmental Laws or (b) obligated to maintain and shall, upon request by Agent occupy the Properties of Borrower in compliance with respect thereto, continue to forward to Agent copies of correspondence between any Borrower and the Governmental Body with jurisdiction over such matter regarding such claims until such matter is settled or resolved. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower is required to file under any Environmental applicable Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto.

Environmental Reports. 104 (a) [Reserved]Furnish Agent, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8, with a certificate signed by the President of Borrowing Agent stating, to the best of his knowledge, that each Loan Party is in compliance in all material respects with all applicable Environmental Laws. To the extent any Loan Party is not in compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) Loan Party obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Loan Party and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a material Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower Loan Party is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. During the Inspection Period, Purchaser and Tenant shall have the right to determine the environmental condition of the Properties as existing on the date hereof. In order to assist Purchaser and Tenant with such determination, Sellers shall deliver to Purchaser and Tenant (a) [Reserved]. (b) In the event any Borrower (i) obtains, gives without representation or receives notice from any Person (including any Governmental Body) warranty of any Release sort except as otherwise expressly set forth in this Agreement) those certain Phase I environmental reports in respect of the Properties identified in Schedule Q hereto ("Environmental Reports"). At the written election of Purchaser or threat of Release Tenant, made no later than twenty (20) days prior to the Closing Date for the acquisition of a reportable quantity given Property, the Seller, Purchaser and Tenant shall order, with respect to such Property, an update of any Hazardous Materials at the Real Environmental Report for such Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of an "Updated Environmental Laws affecting the Real Property or any Borrower’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”Report"), then Borrowing Agent shall, within ten which will certify the Environmental Report and the Updated Environmental Report to Purchaser and Tenant. Within five (105) Business Days after receipt of an Updated Environmental Report with respect to any Property, the Purchaser and/or Tenant shall give the Seller notice of any matters therein as to which the Purchaser or Tenant reasonably object. If, for any reason, the Seller is unable or unwilling to take such actions as may be required to cause such matters to be remedied to the reasonable satisfaction of the Purchaser or Tenant (or as the case may be), the Seller shall give the Purchaser and Tenant notice thereof, it being understood and agreed that the failure of the Seller to give such notice within five (5) Business Days after receipt of the Purchaser's or Tenant's notice of objection shall be deemed an election by the Seller not to remedy such matters. If the Seller shall be unwilling or unable to remedy any matters to which the Purchaser or Tenant has reasonably objected, the Purchaser and/or Tenant (as the case may be) may elect (A) to terminate this Agreement with respect to the extent acquisition of the affected Property, in which event, this Agreement shall be of no further force and effect with respect to such Hazardous Discharge or Environmental Complaint could reasonably be expected acquisition and Seller shall reimburse to result Purchaser and Tenant the Purchaser's and Tenant's respective direct, out of pocket expenses incurred in a Material Adverse Effectrespect of such affected Property (and an allocable share of expenses attributable generally to the transactions contemplated by this Agreement and not attributable specifically to any Property), give not to exceed $30,000 per Property per party or (B) to consummate the acquisition of the affected Property, notwithstanding such defect, without any abatement or reduction in the Allocable Purchase Price for the affected Property on account thereof. The Purchaser and/or Tenant (as the case may be) shall make any such election by written notice to the Seller given on or prior to the fifth (5th) Business Day after the earlier of same (x) Purchaser's or Tenant's receipt of Seller's notice of its inability or unwillingness to Agent describing cure such defect and (y) the facts expiration of the five (5) Business Day period within which Seller was to have responded to Purchaser's or Tenant's notice of objection. Failure of the Purchaser or Tenant to give such notice within the time prescribed by the preceding sentence shall be deemed an election by the Purchaser or Tenant (as the case may be) to proceed in accordance with clause (B) above. Notwithstanding anything herein to the contrary, Purchaser and circumstances of which any Borrower giving rise to such Hazardous Discharge or Environmental Complaint is aware (in each case, Tenant acknowledge and agree that Purchaser and Tenant have approved the form and substance of which is reasonably acceptable to Agent). Such information is to be the Environmental Reports or Updated Environmental Reports, as applicable, provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (c) Borrowing Agent shall promptly forward to Agent copies each of any request for information, notification of potential liability, demand letter relating to potential responsibility them with respect to the investigation or cleanup of Hazardous Materials at any site owned, operated or used by any Borrower to manage Hazardous Materials and shall, upon request by Agent with respect thereto, continue to forward to Agent copies of correspondence between any Borrower and the Governmental Body with jurisdiction over such matter regarding such claims until such matter is settled or resolved. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien Properties for which Closing will occur on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoinitial Closing Date hereunder.

Environmental Reports. (a) [Reserved]Deliver to Agent, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8 hereof, with a certificate signed by the President, Chief Executive Officer or Controller of Borrowing Agent stating, to the best of his knowledge, that each Loan Party is in compliance in all material respects with all applicable Environmental Laws, except to the extent such non-compliance could not reasonably be expected to result in a Material Adverse Effect. To the extent any Loan Party is not in such material compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Loan Party will implement in order to achieve full compliance. (b) In the event any Borrower (i) Loan Party obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the any Real Property owned or leased by any Loan Party (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) written notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the any such Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the such Real Property or any BorrowerLoan Party’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Agent describing the detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto.. ​ (c) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage of Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Loan Party and the Governmental Body with jurisdiction over such matter regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all material documents and reports concerning a Hazardous Discharge or Environmental Complaint at the any Real PropertyProperty owned or leased by any Loan Party, operations or business that any Borrower Loan Party is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto.Collateral. ​

Environmental Reports. (a) [Reserved]. (b) In the event any Borrower (i) obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge or violation of Environmental Laws affecting the Real Property or any Borrower’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of the same to Agent describing the detailing facts and circumstances of which any Borrower is aware giving rise to such the Hazardous Discharge or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided to allow Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect thereto. (cb) Borrowing Agent shall promptly forward to Agent copies of any request for information, notification of potential liability, demand letter relating to potential responsibility with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower to manage Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower and the any Person, including any Governmental Body with jurisdiction over such matter Body, regarding such claims to Agent until such matter the claim is settled or resolvedsettled. Borrowing Agent shall promptly forward to Agent copies of all documents and reports concerning a Hazardous Discharge or Environmental Complaint at the Real Property, operations or business that any Borrower is required to file under any Environmental Laws. Such information is to be provided solely to allow Agent to protect Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Agent or any Lender with respect theretoCollateral.

Environmental Reports. (a) [Reserved]. (b) In the event any Borrower (i) Loan Party or any Subsidiary obtains, gives or receives notice from any Person (including any Governmental Body) of any Release or threat of Release of a reportable quantity of any Hazardous Materials at the Real Property (or receives any such event being hereinafter referred to as a “Hazardous Discharge”) or (ii) receives from any Person (including any Governmental Body) any (A) notice of violation, request for information or notification that such Borrower it is potentially responsible for investigation or cleanup of environmental conditions at the Real Property or (B) Property, demand letter or complaint, order, citation, or other written notice with regard to any Hazardous Discharge such Release or violation of Environmental Laws affecting the Real Property or any BorrowerLoan Party’s or Subsidiary’s interest therein or the operations or the business of any Borrower (any of the foregoing is referred to herein as an “Environmental Complaint”)) from any Person, including any Governmental Body, then Borrowing Agent Borrower shall, within ten (10) Business Days (or within five (5) Business Days to the extent such Hazardous Discharge or Environmental Complaint could reasonably be expected to result in a Material Adverse Effect)Days, give written notice of same to Collateral Agent describing the (with a copy to Administrative Agent) detailing facts and circumstances of which any Borrower Loan Party is aware giving rise to such Hazardous Discharge the Release or Environmental Complaint is aware (in each case, the form and substance of which is reasonably acceptable to Agent)Complaint. Such information is to be provided solely to allow Collateral Agent to protect its security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Administrative Agent or any Lender with respect thereto. (cb) Borrowing Agent Borrower shall promptly forward to Collateral Agent (with a copy to Administrative Agent) copies of any request for information, notification of potential liability, demand letter relating directed at the Borrower or any of its Subsidiaries that may require the Borrower or any of its Subsidiaries to potential responsibility have material liability with respect to the investigation or cleanup of Hazardous Materials at any other site owned, operated or used by any Borrower Loan Party to manage such Hazardous Materials and shall, upon request by Agent with respect thereto, shall continue to forward to Agent copies of correspondence between any Borrower Loan Party and the Governmental Body with jurisdiction over such matter regarding such claims to Collateral Agent (with a copy to Administrative Agent) until such matter the claim is settled or resolvedsettled. Borrowing Agent Borrower shall promptly forward to Collateral Agent (with a copy to Administrative Agent) copies of all documents and reports concerning a Release of Hazardous Discharge Materials or Environmental Complaint at the Real Property, operations or business that any Borrower Loan Party is required to file under any Environmental Laws. Such information is to be provided solely to allow Collateral Agent to protect Collateral Agent’s security interest in and Lien on the Collateral and is not intended to create nor shall it create any obligation upon Collateral Agent or any Lender with respect thereto.