Common use of Environmental Representations Clause in Contracts

Environmental Representations. To the best of Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken all steps necessary to determine and has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply);

Environmental Representations. To the best of each Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the such Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken all reasonable steps necessary to determine and has determined have determined, to the best of such Borrowers' knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXXSXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX SXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXXSXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply)) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of Borrowers' each Borrower's knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' such Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have The Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken all reasonable steps necessary to determine and has determined determined, to the best of such Borrower's knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply)) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standardsthe Borrower's knowledge: (a) Borrowers are The Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have The Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have The Borrower has taken all steps necessary to determine and has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply); (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insu­lation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of Borrowers' each Borrower’s knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' such Borrower’s properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken all reasonable steps necessary to determine and has determined determined, to the best of such Borrower’s knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "“release" ” shall have the meanings specified in CERCLA/XXXX, and the term "“disposal" ” or "“disposed" ” shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "“release," "” “disposal" ” or "“disposed" ” which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply)) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB’s or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation (“UFFI”) in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' ’ knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: : (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the such Borrowers' ’ properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; ; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; ; (c) Borrowers have taken all reasonable steps necessary to determine and has determined have determined, to the best of such Borrowers’ knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "“release" ” shall have the meanings specified in CERCLA/XXXX, and the term "“disposal" ” or "“disposed" ” shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "“release," "” “disposal" ” or "“disposed" ” which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply);) that causes, creates or results in a Material Adverse Change 39 or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB’s or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation (“UFFI”) in, on or upon the Collateral.

Environmental Representations. To the best of Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standardsknowledge: (a) None of the Borrowers are not is subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateraltheir properties, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting SubstanceSubstance that would or may reasonably be expected to result in a liability in the amount of $1,000,000 or more; (b) The Borrowers have not obtained been issued and are not required to obtain or make application for any in compliance with all material permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral their properties by reason of any Environmental Laws; (c) Each of the Borrowers have has taken all steps necessary to determine and has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral their operated Mineral Interests (the term "release" shall have the meanings specified in CERCLA/XXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA) which singly has, or in the aggregate have resulted in, or may reasonably be expected to result in a liability in the amount of $1,000,000 or more; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply);

Environmental Representations. To the best of each Borrowers' ’ knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the such Borrowers' ’ properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken all reasonable steps necessary to determine and has determined have determined, to the best of such Borrowers’ knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "“release" ” shall have the meanings specified in CERCLA/XXXX, and the term "“disposal" ” or "“disposed" ” shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "“release," "” “disposal" ” or "“disposed" ” which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply)) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB’s or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation (“UFFI”) in, on or upon the Collateral.

Environmental Representations. To the best of Borrowers' Borrower's knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' such Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken all reasonable steps necessary to determine and has determined determined, to the best of such Borrower's knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply)) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of Borrowers' knowledge and beliefBorrower's knowledge, upon reasonable and good faith inquiry exercised with following due diligence and inquiry (in accordance with normal industry standards) thereby: (a) Borrowers There are not subject no pending claims, assessments or litigation pertaining to any Borrower's liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken all steps necessary to determine and has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply);

Environmental Representations. To the best of Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' propertiesProperty, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken all reasonable steps necessary to determine and has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply);; and

Environmental Representations. To the best of Borrowers' each Borrower's knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' such Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) other than permits, licenses or similar authorizations required to obtained in the ordinary course of oil and gas operations, Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken all reasonable steps necessary to determine and has determined determined, to the best of such Borrower's knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXX, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXX, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply)) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation in, on or upon the Collateral.

Environmental Representations. (a) To the best of Borrowers' knowledge and beliefknowledge, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not neither Borrower is subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of the Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken all steps necessary to determine and has have determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/XXXXSARA, and xxd the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/XXXX or SARA xx RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/XXXXSARA, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply);