Environmental Representations Warranties and Covenants. (a) To the best of Xxxxxxxxx’s knowledge, after due inquiry and investigation, none of the real property owned and/or occupied by Xxxxxxxxx located in the State of New Jersey, including, but not limited to the Mortgaged Property, has ever been used by previous owners and/or operators to refine, produce, store, handle, transfer, process or transport “Hazardous Substances”, as defined in the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (the “Spill Compensation and Control Act”) or the New Jersey Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. (“ISRA”), and Xxxxxxxxx has not in the past, nor does Xxxxxxxxx intend in the future to use said real property, including but not limited to, the Premises for the purpose of refining, producing, storing, handling, transferring, processing or transporting said Hazardous Substances.
Environmental Representations Warranties and Covenants. Borrower represents, warrants, covenants and agrees that, except as otherwise set forth in any environmental report provided to Lender by Borrower or obtained by Borrower:
Environmental Representations Warranties and Covenants. 1. Except as otherwise disclosed in the Phase I Assessment referenced in the Indemnification Agreement (as hereinafter defined), Mortgagor makes the following representations and warranties which shall survive the closing of this loan:
Environmental Representations Warranties and Covenants. Xxxxxxxxx further makes the following representations, warranties, and covenants, all of which are subject to any exceptions that Mortgagor may have previously disclosed in writing to Mortgagee, and which, to the extent that they deal with representations of fact, are based on Xxxxxxxxx’s present knowledge, arrived at after reasonable inquiry.
Environmental Representations Warranties and Covenants. Subsection 3.12(a) of this Agreement is hereby amended by inserting after the words “including, without limitation, the” and before the words “Comprehensive Environmental Response” the words “Pennsylvania Hazardous Sites Cleanup Act, the Pennsylvania Solid Waste Management Act,”.
Environmental Representations Warranties and Covenants. Each party hereby represents and warrants as of the Second Amendment Effective Date (unless otherwise indicated) and covenants to the other party as follows:
Environmental Representations Warranties and Covenants. 1. Xxxxxxxxx makes the following representations and warranties, which shall survive the closing of this loan:
Environmental Representations Warranties and Covenants. In addition to the representations, warranties and covenants set forth in this Note, the Loan Agreement (if any) and any other document executed and delivered in connection with this Note and/or the Loan Agreement, Undersigned hereby represents, warrants, covenants and agrees, on behalf of itself and each of its subsidiaries and affiliates, if any, that: (a) each of them now has and will continue to have all Environmental Permits (as hereinafter defined) necessary for the conduct of each of their businesses and operations; (b) each of them conducts and will continue to conduct each of their businesses and operations in material compliance with all applicable Environmental Laws (as hereinafter defined) and Environmental Permits; (c) there does not exist, nor will any of them permit to exist, any event or condition that required or is likely to require any of them under any Environmental Law to pay or expend funds by way of fines, judgments, damages, cleanup, remediation or the like in an aggregate amount, the payment of which could reasonably be expected to interfere substantially with normal operations of Undersigned or materially adversely affect the financial condition of Undersigned; (d) Undersigned shall notify Bank, in writing within five (5) business days, upon becoming aware of any pending or threatened proceeding, suit, investigation, allegation or inquiry regarding any alleged event or condition that, if resolved unfavorably to Undersigned or any of Undersigned's subsidiaries or affiliates, is likely to cause Undersigned or any of its subsidiaries or affiliates under any Environmental Law to pay or expend funds by way of fines, penalties, administrative actions, judgments, damages, cleaning, remediation or the like, or cause Undersigned or any of its subsidiaries or affiliates to pay or expend funds for any third party claims, proceedings, actions or judgments for personal injury or property damage resulting from an event or condition relating to Hazardous Substances (as hereinafter defined) or from a release or threatened release of Hazardous Substances; and (e) Undersigned shall provide at Undersigned's cost, upon request by Bank, certifications, documentation, copies of pleadings and other information regarding the above, all in form and content satisfactory to Bank.
Environmental Representations Warranties and Covenants. The ------------------------------------------------------- Indemnitor hereby agrees that the representations, warranties and covenants contained in Section 5.3 of the Loan Agreement are hereby made a part of this Agreement to the same extent and with the same force as if fully set forth herein.
Environmental Representations Warranties and Covenants. Owner and Borrower herein agree that the environmental representations, warranties and covenants contained in the Environmental Indemnity (as hereinafter defined) for the benefit of Lender are hereby made a part of this Security Instrument to the same extent and with the same force as if fully set forth herein.
