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.
(b) None of the real property owned by Xxxxxxxxx and located in the State of New Jersey including, but not limited to, the Mortgaged Property, has been or is now used as a “Major Facility”, as such term is defined in the Spill Compensation and Control Act or an “Industrial Establishment” as such term is defined in ISRA, and said real property, including, but not limited to the Mortgaged Property, will not be used as a Major Facility or Industrial Establishment after completion of the construction, renovation, restoration and other development work which Mortgagor intends to undertake thereon, if any.
(c) To the best of Xxxxxxxxx’s knowledge, after due inquiry and investigation, no Environmental Lien (as defined in that certain ADA and Environmental Indemnity Agreement dated as of the date hereof, as the same may be modified, amended, and/or restated from time to time (the “Environmental Indemnity Agreement”)) has been attached to revenues or any real or personal property owned by Xxxxxxxxx and located in the State of New Jersey, including, but not limited to, the Mortgaged Property, as a result of the chief executive of the New Jersey Spill Compensation Fund expending monies from said fund to pay for “Damages”, as such term is defined in N.J.A.C. 7:1J-1.4, arising from an intentional action or omission of Mortgagor or any previous owner and operator of said real property, including, but not limited to the Premises, resulting in the Release (as defined in the Environmental Indemnity Agreement) of Hazardous Substances into waters of the State of New Jersey or onto lands from which it might flow or drain into said water...
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:
(a) To the best of Borrower’s knowledge, without inquiry, and except as set forth in that certain Environmental Assessment Checklist dated October 29, 2004, and any other document delivered to Lender prior to the date hereof, neither Borrower nor the Property or any occupant thereof is in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority pertaining to any Environmental Law. Borrower shall not cause or permit the Property to be in violation of, or do anything which would subject the Property to any remedial obligations under, any Environmental Law, and shall promptly notify Lender in writing of any existing, pending or threatened investigation or inquiry by any governmental authority in connection with any Environmental Law. In addition, Borrower shall provide Lender with copies of any and all material written communications with any governmental authority in connection with any Environmental Law, concurrently with Borrower’s giving or receiving of same.
(b) Borrower has taken all steps necessary to determine and has determined that there has been no release, spill, discharge, leak, disposal or emission (individually a “Release” and collectively, “Releases”) of any Hazardous Material, Hazardous Substance or Hazardous Waste, including gasoline, petroleum products, explosives, toxic substances, solid wastes and radioactive materials (collectively, “Hazardous Substances”) at, upon, under or within the Property. The use which Borrower or any other occupant of the Property makes or intends to make of the Property will not result in Release of any Hazardous Substances on or to the Property. During the term of this Mortgage, Borrower shall take all steps necessary to determine whether there has been a Release of any Hazardous Substances on or to the Property and, if Borrower finds a Release has occurred, Borrower shall remove or remediate the same promptly upon discovery at its sole cost and expense.
(c) The Property has never been used by the present or previous owners and/or operators nor will be used in the future to refine, produce, store, handle, transfer, process, transport, generate, manufacture, heat, treat, recycle or dispose of Hazardous Substances.
(d) The Property: (i) is being and has been operated in compliance wit...
Environmental Representations Warranties and Covenants. 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. Subsection 3.12(a) of this Instrument is hereby amended by inserting after the words “including 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. 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. Mortgagor 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 Mortgagor’s present knowledge, arrived at after reasonable inquiry.
Environmental Representations Warranties and Covenants. Xxxxxxxxx makes the following representations and warranties, which shall survive the closing of this loan:
Environmental Representations Warranties and Covenants. The Borrower, its successors and assigns, after reasonable inquiry, hereby covenants, represents, and warrants, as applicable, that, except for Permitted Commercial Substances:
(i) to the knowledge of the Borrower, no Hazardous Substances have been or shall be discharged, dispersed, released, stored, treated, generated, disposed of, or allowed to escape or migrate, or have been threatened or shall threaten to be injected, emptied, poured, leached, or spilled on or from all or any portion of the Mortgaged Premises; and
(ii) no asbestos or asbestos-containing materials have been or will be installed, used, incorporated into, placed on, or disposed of on all or any portion of the Mortgaged Premises; and
(iii) no polychlorinated biphenyls (“PCBs”) are or will be located on or in all or any portion of the Mortgaged Premises in the form of electrical transformers, fluorescent light fixtures with ballasts, cooling oils, or any other device; and
(iv) to the knowledge of the Borrower, no underground storage tanks are or will be located on all or any portion of the Mortgaged Premises, or were located on all or any portion of the Mortgaged Premises and subsequently removed or filled; and
(v) to the knowledge of the Borrower, no investigation, administrative order, consent order and agreement, litigation, settlement, lien, or encumbrance with respect to Hazardous Substances is proposed, threatened, anticipated, or in existence with respect to the Mortgaged Premises; and
(vi) to the knowledge of the Borrower, the Mortgaged Premises and the Borrower’s operations at the Mortgaged Premises are in compliance with all applicable Environmental Laws, including, without limitation, any state and local statutes, laws, and regulations. No notice has been served on the Borrower, or any subsidiary of the Borrower, from any entity, government body, or individual claiming any violation of any Environmental Law or requiring compliance with any Environmental Law, or demanding payment or contribution for any environmental damage or injury to natural resources. Copies of any such [LOAN AGREEMENT] Voya Loan No. 30325 notices received after the Closing Date shall be forwarded to the Administrative Agent within three (3) days of their receipt by the Borrower; and
(vii) the Borrower has no knowledge of the release or threat of release of any Hazardous Substances from any property adjoining or in the immediate vicinity of all or any portion of the Mortgaged Premises; and
(viii) no portion of...
Environmental Representations Warranties and Covenants. (a) The Company represents and warrants that:
(i) the Company has never discharged any radioactive substances and is not in any way responsible for the presence of radioactive substances at the Xxxx Hauling and Warehousing System, Inc. Marine Terminal Facility in Gloucester, New Jersey (the "Facility");
(ii) the release of radioactive substances at the Company and any damage resulting therefrom were caused solely by the act or omission of a third party other than (a) an employee or agent of the Company or (b) one whose act or omission occurred in connection with a contractual relationship existing directly or indirectly with the Company;
(iii) the Company has done nothing to disturb the radioactive substances located at the facility and otherwise has exercised due care with respect to the radioactive substances concerned, taking into consideration the characteristics of such radioactive substances, in light of all relevant facts and circumstances;
(iv) the Company has taken precautions against (a) foreseeable acts or omissions of any third party described in paragraph (ii) above, and (b) the consequences that could forseeably result from such acts or omissions;
(v) the Company acquired the Facility in 1970, after the disposal, discharge or placement of the radioactive substances on, in or at the Facility;
(vi) at the time the Company acquired the Facility, the Company did not know and had no reason to know that any radioactive substances were disposed of on, in or at the Facility;
(vii) the Company undertook, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial and customary practice; and
(viii) the Company was first advised of the existence of radioactive substances on its property by the New Jersey Department of Environmental Protection in February, 1991.
(b) The Company covenants that it shall complete the actions described in Section 5. 07 (c) (i) - (v) of the Indenture (other than receipt of No Further Action letters from the State of New Jersey) no later than April 30, 1996 and that is shall diligently pursue such No Further Action letters and the delivery of the report from Pennoni Associates referenced in Section 5.07(c) of the Indenture.
