Common use of Environmental Representations Clause in Contracts

Environmental Representations. (a) No Loan Party has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and no Loan Party is a party to any litigation or administrative proceeding, nor, so far as is known by Borrower, is any litigation or administrative proceeding threatened against any Loan Party which, in any case, (i) asserts or alleges that any Loan Party violated any Environmental Law(s), (ii) asserts or alleges that any Loan Party is required to clean up, remove or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials, or (iii) asserts or alleges that any Loan Party is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials by any Loan Party, and which, with respect to clauses (i), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) To Borrower’s knowledge, there are no conditions existing currently which could reasonably be expected to subject any Loan Party to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by any Loan Party, and which, in any case, either singularly or in aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No Loan Party is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and, to Borrower’s knowledge, no Loan Party has been named or listed as a potentially responsible party by any Governmental Authority in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date, and, in the event that any such matters are disclosed in said Schedule 3.17 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Party has all permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse Effect.

Environmental Representations. (a) No Loan Party has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect); and no Loan Party is a party to any litigation or administrative proceeding, nor, so far as is known by any Borrower, is any litigation or administrative proceeding threatened against any Loan Party which, in any caseevent, (i) asserts or alleges that any Loan Party violated any Environmental Law(s), (ii) asserts or alleges that any Loan Party is required to clean up, remove or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials, or (iii) asserts or alleges that any Loan Party is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials by any Loan Party, and which, with respect to clauses which in each case of (ii)-(iii), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) To Borrower’s Borrowers’ knowledge, there are no conditions existing currently which could reasonably be expected to subject any Loan Party to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by any Loan Party, and which, in any caseevent, either singularly or in aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No Loan Party is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and, to Borrower’s Borrowers’ knowledge, no Loan Party has been named or listed as a potentially responsible party by any Governmental Authority in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date3.16, and, in the event that any such matters are disclosed in said Schedule 3.17 3.16 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Party has all permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse Effect.

Environmental Representations. (a) No Loan Party Neither Borrower nor any of its ---- ----------------------------- Subsidiaries has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect); and no Loan Party neither Borrower nor any of its Subsidiaries is a party to any litigation or administrative proceeding, nor, so far as is known know by Borrower, is any litigation or administrative proceeding threatened against Borrower or any Loan Party of its Subsidiaries which, in any case, (i) asserts or alleges that Borrower or any Loan Party of its Subsidiaries violated any Environmental Law(s), (ii) asserts or alleges that Borrower or any Loan Party of its Subsidiaries is required to clean up, remove remove, or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materialshazardous materials, or (iii) asserts or alleges that Borrower or any Loan Party of its Subsidiaries is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials hazardous materials by Borrower or any Loan Partyof its Subsidiaries, and which, with respect to clauses (i), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect upon the business, operations, conditions (financial or otherwise), performance or properties of Borrower or any of its Subsidiaries. (b) 6.16.1 To the best of Borrower’s 's knowledge, there are no conditions ------ existing currently which could reasonably be expected to subject Borrower or any Loan Party of its Subsidiaries to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by Borrower or any Loan Partyof its Subsidiaries, and which, in any case, either singularly or in aggregate, could reasonably be expected to have a Material Adverse EffectEffect upon the business, operations, conditions (financial or otherwise), performance or properties of Borrower or any of its Subsidiaries. (c) No Loan Party 6.16.2 Neither Borrower nor any of its Subsidiaries is subject to any ------ judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect upon the business, operations, conditions (financial or otherwise), performance or properties of Borrower or any of its Subsidiaries; and, to the best of Borrower’s 's knowledge, no Loan Party neither Borrower nor any of its Subsidiaries has been named or listed as a potentially responsible party by any Governmental Authority governmental body or agency in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date, and, in the event that any such matters are disclosed in said Schedule 3.17 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Party has 6.16.3 Borrower and each of its Subsidiaries have all material ------ permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse EffectEffect upon the business, operations, conditions (financial or otherwise), performance or properties of Borrower or any of its Subsidiaries.

Environmental Representations. (a) No Loan Party Neither Borrower nor any of its Subsidiaries has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect); and no Loan Party neither Borrower nor any of its Subsidiaries is a party to any litigation or administrative proceeding, nor, so far as is known by Borrower, is any litigation or administrative proceeding threatened against Borrower or any Loan Party of its Subsidiaries which, in any case, (i) asserts or alleges that Borrower or any Loan Party of its Subsidiaries violated any Environmental Law(s), (ii) asserts or alleges that Borrower or any Loan Party of its Subsidiaries is required to clean up, remove remove, or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materialshazardous materials, or (iii) asserts or alleges that Borrower or any Loan Party of its Subsidiaries is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials hazardous materials by Borrower or any Loan Partyof its Subsidiaries, and which, with respect to clauses (i), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect upon the business, operations, conditions (financial or otherwise), performance or properties of Borrower or any of its Subsidiaries. (b) 6.13.1 To the best of Borrower’s 's knowledge, there are no conditions existing currently which could reasonably be expected to subject Borrower or any Loan Party of its Subsidiaries to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by Borrower or any Loan Partyof its Subsidiaries, and which, in any case, either singularly or in aggregate, could reasonably be expected to have a Material Adverse EffectEffect upon the business, operations, conditions (financial or otherwise), performance or properties of Borrower or any of its Subsidiaries. (c) No Loan Party 6.13.2 Neither Borrower nor any of its Subsidiaries is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect upon the business, operations, conditions (financial or otherwise), performance or properties of Borrower or any of its Subsidiaries; and, to the best of Borrower’s 's knowledge, no Loan Party neither Borrower nor any of its Subsidiaries has been named or listed as a potentially responsible party by any Governmental Authority governmental body or agency in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date, and, in the event that any such matters are disclosed in said Schedule 3.17 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Party has 6.13.3 Borrower and each of its Subsidiaries have all material permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse EffectEffect upon the business, operations, conditions (financial or otherwise), performance or properties of Borrower or any of its Subsidiaries.

Environmental Representations. (a) No Loan Borrower Party has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect); and no Loan Borrower Party is a party to any litigation or administrative proceeding, nor, so far as is known by Borrower, is any litigation or administrative proceeding threatened against any Loan Borrower Party which, in any case, (i) asserts or alleges that any Loan Borrower Party violated any Environmental Law(s), (ii) asserts or alleges that any Loan Borrower Party is required to clean up, remove or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials, or (iii) asserts or alleges that any Loan Borrower Party is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials by any Loan Borrower Party, and which, with respect to clauses (i), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) To Borrower’s 's knowledge, there are no conditions existing currently which could reasonably be expected to subject any Loan Borrower Party to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by any Loan Borrower Party, and which, in any case, either singularly or in aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No Loan Borrower Party is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and, to Borrower’s 's knowledge, no Loan Borrower Party has been named or listed as a potentially responsible party by any Governmental Authority governmental body or agency in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date3.17, and, in the event that any such matters are disclosed in said Schedule 3.17 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Borrower Party has all permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse Effect.

Environmental Representations. (a) No Loan Party has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect); and no Loan Party is a party to any litigation or administrative proceeding, nor, so far as is known by Borrower, is any litigation or administrative proceeding threatened against any Loan Party which, in any case, (i) asserts or alleges that any Loan Party violated any Environmental Law(s), (ii) asserts or alleges that any Loan Party is required to clean up, remove or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials, or (iii) asserts or alleges that any Loan Party is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials by any Loan Party, and which, with respect to clauses (i), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) To Borrower’s 's knowledge, there are no conditions existing currently which could reasonably be expected to subject any Loan Party to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by any Loan Party, and which, in any case, either singularly or in aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No Loan Party is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and, to Borrower’s 's knowledge, no Loan Party has been named or listed as a potentially responsible party by any Governmental Authority in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date3.17, and, in the event that any such matters are disclosed in said Schedule 3.17 they will not, either singularly or in the aggregate, reasonably be expected to have a Material Adverse Effect. (d) Each To Borrower's knowledge, each Loan Party has all permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse Effect.

Environmental Representations. (a) No Loan Party has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect); and no Loan Party is a party to any litigation or administrative proceeding, nor, so far as is known by Borrower, is any litigation or administrative proceeding threatened against any Loan Party which, in any caseevent, (i) asserts or alleges that any Loan Party violated any Environmental Law(s), (ii) asserts or alleges that any Loan Party is required to clean up, remove or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials, or (iii) asserts or alleges that any Loan Party is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials by any Loan Party, and which, with respect to clauses (i), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) To Borrower’s 's knowledge, there are no conditions existing currently which could reasonably be expected to subject any Loan Party to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by any Loan Party, and which, in any caseevent, either singularly or in aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No Loan Party is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and, to Borrower’s 's knowledge, no Loan Party has been named or listed as a potentially responsible party by any Governmental Authority in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date, and, in the event that any such matters are disclosed in said Schedule 3.17 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Party has all permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse Effect.

Environmental Representations. (a) No Loan Party has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect); and no Loan Party is a party to any litigation or administrative proceeding, nor, so far as is known by Borrower, is any litigation or administrative proceeding threatened against any Loan Party which, in any case, (i) asserts or alleges that any Loan Party violated any Environmental Law(s), (ii) asserts or alleges that any Loan Party is required to clean up, remove or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials, or (iii) asserts or alleges that any Loan Party is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials by any Loan Party, and which, with respect to clauses (i), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) To Borrower’s 's knowledge, there are no conditions existing currently which could reasonably be expected to subject any Loan Party to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by any Loan Party, and which, in any case, either singularly or in aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No Loan Party is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and, to Borrower’s 's knowledge, no Loan Party has been named or listed as a potentially responsible party by any Governmental Authority in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective DateSCHEDULE 3.17, and, in the event that any such matters are disclosed in said Schedule SCHEDULE 3.17 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Party has all permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse Effect.

Environmental Representations. (a) No Loan To Borrower's knowledge, no Borrower Party has received any written notice of any violation of any Environmental Law(s) that which, either individually singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and no Loan Borrower Party is a party to any litigation or administrative proceeding, nor, so far as is known by Borrower, is any litigation or administrative proceeding threatened against any Loan Borrower Party which, in any case, (i) asserts or alleges that any Loan Borrower Party violated any Environmental Law(s), (ii) asserts or alleges that any Loan Borrower Party is required to clean up, remove or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials, or (iii) asserts or alleges that any Loan Borrower Party is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials by any Loan Borrower Party, and which, with respect to clauses (i), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) To Borrower’s 's knowledge, there are no conditions existing currently which could reasonably be expected to subject any Loan Borrower Party to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by any Loan Borrower Party, and which, in any case, either singularly or in aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No Loan To Borrower's knowledge, no Borrower Party is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and, to Borrower’s 's knowledge, no Loan Borrower Party has been named or listed as a potentially responsible party by any Governmental Authority governmental body or agency in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date3.17, and, in the event that any such matters are disclosed in said Schedule 3.17 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Borrower Party has all permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse Effect.

Environmental Representations. (a) No Loan Party has received any written notice of any violation of any Environmental Law(s) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect); and no Loan Party is a party to any litigation or administrative 017104 000349 15171164.4 proceeding, nor, so far as is known by any Borrower, is any litigation or administrative proceeding threatened against any Loan Party which, in any caseevent, (i) asserts or alleges that any Loan Party violated any Environmental Law(s), (ii) asserts or alleges that any Loan Party is required to clean up, remove or take any other remedial or response action due to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials, or (iii) asserts or alleges that any Loan Party is required to pay all or a portion of any past, present or future clean-up, removal or other remedial or response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any Hazardous Materials by any Loan Party, and which, with respect to clauses which in each case of (ii)-(iii), (ii) or (iii) above, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) To Borrower’s Borrowers’ knowledge, there are no conditions existing currently which could reasonably be expected to subject any Loan Party to damages, penalties, injunctive relief or clean-up costs under any applicable Environmental Law(s), or which require, or are likely to require, clean-up, removal, remedial action or other response pursuant to any applicable Environmental Law(s) by any Loan Party, and which, in any caseevent, either singularly or in aggregate, could reasonably be expected to have a Material Adverse Effect. (c) No Loan Party is subject to any judgment, decree, order or citation related to or arising out of any applicable Environmental Law(s), which, either singularly or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and, to Borrower’s Borrowers’ knowledge, no Loan Party has been named or listed as a potentially responsible party by any Governmental Authority in any matter arising under any applicable Environmental Law(s), except as disclosed in Schedule 3.17 as of the Effective Date3.17, and, in the event that any such matters are disclosed in said Schedule 3.17 they will not, either singularly or in the aggregate, have a Material Adverse Effect. (d) Each Loan Party has all permits, licenses and approvals required under applicable Environmental Laws, except where the failure to so obtain or maintain any such permits, licenses or approvals could reasonably be expected to have a Material Adverse Effect.