Common use of Environmental Representations Clause in Contracts

Environmental Representations. Except as expressly identified in the Environmental Report: (a) The Company and the Project comply, and have at all times complied, with all Environmental Requirements applicable to the Project, including, without limitation, the use, maintenance and operation of the Project, and all activities and conduct of business related thereto, including, without limitation, the treatment, remediation, removal, transport, storage and/or disposal of any Contaminant, and no material capital expenditures are anticipated to maintain or achieve compliance with Environmental Requirements; (b) The Company has obtained or has taken appropriate steps, as required by Environmental Requirements, to obtain all Environmental Approvals necessary for the construction and operation of the Project and any activities or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently in material compliance with all terms and conditions of such Environmental Approvals. No material change in the facts or circumstances reported or assumed in the applications for or the granting of such Environmental Approvals exists. There are not any proceedings pending or threatened which would jeopardize the validity of any such Environmental Approvals; (c) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received any written notice that any of the third parties with which the Company has arranged, engaged or contracted to accept, treat, transport, store, dispose or remove any Contaminant generated at or under or present at the Project, or which otherwise participate or have participated in activities or conduct related to the Project, were not properly permitted at the relevant time to perform the foregoing activities or conduct; (d) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has no written notice that it is subject to any investigation, and is not subject to any judicial or administrative proceeding, notice, order, judgment, decree or settlement, alleging or addressing in connection with the Project and any activities or conduct related thereto (A) any material violation of any Environmental Requirements, (B) any material Remedial Action, or (C) any material Environmental Damages, claims or liabilities and costs arising from the Release or threatened Release of any Contaminant; (e) No Environmental Lien has attached to any portion of the Project, and the Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writ, injunction, decree, order or judgment outstanding, nor, to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there has been no Release or threatened Release of any Contaminants for which a Remedial Action must be taken at, to, under or from or affecting the Project; (h) The Project is not listed or proposed for listing on the National Priorities List (“NPL”) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), or listed on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar state list of sites, and the Company is not aware of any conditions at the Project which, if known to a Governmental Authority, would qualify the Project for inclusion on any such list; (i) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has transported or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which (A) is included on the NPL, or (B) is or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory law, or (C) at the time of the disposal was subject to a governmental enforcement action with respect to alleged violations of any Environmental Requirements; (j) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has engaged in or permitted any operations or activities upon, or any use or occupancy of, or affecting the Project or any portion thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant to be deposited, released, stored, disposed, leached or otherwise come to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant migrated from the Site onto or underneath other properties; (k) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, stored, disposed nor located on or affecting the Project any asbestos in any form which has become or threatens to become friable; (l) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBs”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Company’s knowledge, the Company has no liability, and has neither received nor is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground or underground storage tanks (whether or not currently in use), nor has there ever been any such tanks, located on, under or affecting the Project; and (o) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not given any notice to any insurance carrier or insurance broker that there has been an occurrence relating to the management or Release of Contaminants on, from, under or affecting the Project.

Environmental Representations. Except as expressly identified in the Environmental ReportLandlord represents to Tenant that: (ai) The Company and the Project comply, and have Premises has at all times complied, with all Environmental Requirements applicable to the Project, including, without limitation, the use, maintenance and operation since Landlord’s purchase of the Project, and all activities and conduct of business related thereto, including, without limitation, the treatment, remediation, removal, transport, storage and/or disposal of any Contaminant, and no material capital expenditures are anticipated to maintain or achieve compliance with Environmental Requirements; (b) The Company has obtained or has taken appropriate steps, as required by Environmental Requirements, to obtain all Environmental Approvals necessary for the construction and operation of the Project and any activities or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently in material compliance with all terms and conditions of such Environmental Approvals. No material change in the facts or circumstances reported or assumed in the applications for or the granting of such Environmental Approvals exists. There are not any proceedings pending or threatened which would jeopardize the validity of any such Environmental Approvals; (c) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received any written notice that any of the third parties with which the Company has arranged, engaged or contracted to accept, treat, transport, store, dispose or remove any Contaminant generated at or under or present at the Project, or which otherwise participate or have participated in activities or conduct related to the Project, were not properly permitted at the relevant time to perform the foregoing activities or conduct; (d) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has no written notice that it is subject to any investigation, and is not subject to any judicial or administrative proceeding, notice, order, judgment, decree or settlement, alleging or addressing Premises been used only in connection with the Project business of sales, rentals, storage, maintenance, manufacture, repair and any activities or conduct related thereto (A) any material violation other operations typically associated with the business of any Environmental Requirements, (B) any material Remedial Action, or (C) any material Environmental Damages, claims or liabilities and costs arising from Tenant as conducted on the Release or threatened Release of any Contaminant;Commencement Date. (eii) No Environmental Lien has attached to any portion of the Project, and the Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writ, injunction, decree, order or judgment outstanding, nor, to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there has been no Release or threatened Release of any Contaminants for which a Remedial Action must be taken at, to, under or from or affecting the Project; (h) The Project is not listed or proposed for listing on the National Priorities List (“NPL”) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), or listed on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar state list of sites, and the Company Landlord is not aware of any conditions material information relating to any Environmental Condition of the Premises, other than the information contained in the Phase I Environmental Site Assessment (the “Phase I Site Assessment”), a copy of which will be provided to Tenant within five (5) days of the date of this Agreement. (iii) During Landlord’s ownership of the Premises: (A) Landlord has not installed any, above ground or underground tanks for storage of Hazardous Substances (“Storage Tanks”) at the Project whichPremises, if known nor to a Governmental AuthorityLandlord’s knowledge, would qualify and based on the Project for inclusion on Phase I Site Assessment, were any such list; (i) Except as disclosed to Storage Tanks located at the Collateral Trustee and each Bondholder in writing Premises prior to the date this representation is made, neither the Company nor, to the knowledge tine Landlord acquired ownership of the Company, any contractor engaged in connection with the Project has transported or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which (A) is included on the NPL, or Premises. (B) is Landlord has not received any notice of any private, administrative or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory lawjudicial action, or (C) at the time of the disposal was subject to a governmental enforcement action with respect to alleged violations notice of any Environmental Requirements; (j) Except as disclosed intended private, administrative or judicial action, relating to the Collateral Trustee and each Bondholder in writing prior to presence or alleged presence of Hazardous Substances in, under or upon the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has engaged in or permitted any operations or activities uponPremises, or any use or occupancy of, or affecting the Project or any portion thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant to be deposited, released, stored, disposed, leached or otherwise come to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant that may have migrated from the Premises and to Landlord’s knowledge, and based on the Phase I Site onto or underneath other properties; (k) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the CompanyAssessment, there is not constructed, placed, deposited, stored, disposed nor located on no basis for any such notice or affecting the Project any asbestos in any form which has become or threatens to become friable; (l) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBs”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Companyaction. To Landlord’s knowledge, the Company has no liability, and has neither received nor is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground pending, actions or underground storage tanks proceedings (whether or notices of potential actions or proceedings) from any governmental agency or any other entity regarding any matter relating to any Environmental Laws. (C) Landlord has not currently in use), been notified by any environmental agency of a Release at the Premises nor has there ever been is Landlord aware of any such tanks, located on, under or affecting the Project; andRelease. (oD) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company Landlord has not given disposed of any notice Hazardous Substances at the Premises or sent, transported, caused the transportation of or disposed of any waste materials that are not Hazardous Substances, at the Premises. (E) Landlord, during its ownership and operation of the Premises, has disposed of all wastes it generated from operations conducted at the Premises in compliance with applicable laws and only at off-Premises facilities reasonably believed by Landlord to any insurance carrier have necessary permits and approvals. (F) Landlord has during its ownership and operation of the Premises maintained or insurance broker that there has been an occurrence kept all records required by law to be maintained or kept relating to the management or Release generation, storage, treatment, release and/or disposal of Contaminants on, from, under or affecting the ProjectHazardous Substances.

Environmental Representations. Except as Notwithstanding any other provisions of this Lease, and in addition to any and all other Lease requirements, and any other covenants and warranties of HAECO, HAECO hereby expressly identified in the Environmental Reportwarrants, guarantees, and represents to Lake City, upon which Lake City expressly relies that: (a) The Company A. HAECO is knowledgeable of any and all Environmental Laws, without limitation which govern or which in any way apply to the Project complydirect or indirect results and impacts to the environmental and natural resources due to, and have at all times compliedor in any way resulting from, the conduct by XXXXX of its operations pursuant to or upon the Leased Premises. XXXXX agrees to keep informed of future changes in Environmental Laws. B. XXXXX agrees to comply with all Environmental Requirements Laws applicable to its operations on the ProjectLeased Premises and accepts full responsibility and liability for such compliance. C. HAECO shall, includingprior to commencement of any of XXXXX’s operations pursuant to this Lease on the Leased Premises, without limitation, secure any and all permits required for XXXXX’s operations on the use, maintenance and operation Leased Premises (with the exception of such permits as Lake City is required to obtain pursuant to Section 3.1 of the ProjectLease), and properly make all necessary notifications as may be required from HAECO by any and all Governmental Authorities having jurisdiction over parties or the subject matter hereof. D. XXXXX, and all activities HAECO Parties, have been fully and conduct properly trained in the handling and storage of business related theretoall such Hazardous Materials and other pollutants and contaminants; and such training complies with any and all Applicable Laws. E. XXXXX agrees that it will neither handle nor store any Hazardous Materials on the Leased Premises in excess of those required to carry out its permitted uses at the Leased Premises and that all such Hazardous Materials will be stored, including, without limitation, the treatment, remediation, removal, transport, storage and/or disposal used and disposed of any Contaminant, in accordance with Applicable Law. F. HAECO shall provide Lake City satisfactory documentary evidence of all such requisite legal permits and no material capital expenditures are anticipated to maintain or achieve compliance with Environmental Requirements; (b) The Company has obtained or has taken appropriate steps, notifications as required by Environmental Requirements, clause C above. G. XXXXX agrees to obtain all Environmental Approvals necessary for the construction and operation of the Project and any activities or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently in material compliance cooperate with all terms and conditions of such Environmental Approvals. No material change in the facts or circumstances reported or assumed in the applications for or the granting of such Environmental Approvals exists. There are not any proceedings pending or threatened which would jeopardize the validity of any such Environmental Approvals; (c) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received any written notice that any of the third parties with which the Company has arranged, engaged or contracted to accept, treat, transport, store, dispose or remove any Contaminant generated at or under or present at the Project, or which otherwise participate or have participated in activities or conduct related to the Project, were not properly permitted at the relevant time to perform the foregoing activities or conduct; (d) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has no written notice that it is subject to any investigation, and is not subject to audit or inquiry by Lake City or any judicial or administrative proceeding, notice, order, judgment, decree or settlement, alleging or addressing in connection with the Project and any activities or conduct related thereto (A) any material Governmental Authority regarding possible violation of any Environmental Requirements, (B) any material Remedial Action, or (C) any material Environmental Damages, claims or liabilities and costs arising from the Release or threatened Release of any Contaminant; (e) No Environmental Lien has attached to any portion of the Project, and the Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writ, injunction, decree, order or judgment outstanding, nor, to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there has been no Release or threatened Release of any Contaminants for which a Remedial Action must be taken at, to, under or from or affecting the Project; (h) The Project is not listed or proposed for listing on the National Priorities List (“NPL”) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), or listed on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar state list of sites, and the Company is not aware of any conditions at the Project which, if known to a Governmental Authority, would qualify the Project for inclusion on any such list; (i) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has transported or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which (A) is included on the NPL, or (B) is or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory law, or (C) at the time of the disposal was subject to a governmental enforcement action with respect to alleged violations of any Environmental Requirements; (j) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has engaged in or permitted any operations or activities upon, or any use or occupancy of, or affecting the Project or any portion thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant to be deposited, released, stored, disposed, leached or otherwise come to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant migrated from the Site onto or underneath other properties; (k) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, stored, disposed nor located on or affecting the Project any asbestos in any form which has become or threatens to become friable; (l) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBs”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Company’s knowledge, the Company has no liability, and has neither received nor is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground or underground storage tanks (whether or not currently in use), nor has there ever been any such tanks, located on, under or affecting the Project; and (o) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not given any notice to any insurance carrier or insurance broker that there has been an occurrence relating to the management or Release of Contaminants on, from, under or affecting the ProjectLaw.

Environmental Representations. Except as expressly identified in the Environmental Report: (a) The Company Parent and each Subsidiary conduct in the Project complyordinary course of business a review of the effect of Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations, and have at all times complied, with all Environmental Requirements applicable to the Project, including, without limitation, the use, maintenance and operation of the Projectproperties, and all activities as a result thereof Parent and conduct of business related theretoeach Subsidiary have reasonably concluded that such Environmental Laws and claims could not, includingindividually or in the aggregate, without limitation, the treatment, remediation, removal, transport, storage and/or disposal of any Contaminant, and no material capital expenditures are anticipated reasonably be expected to maintain or achieve compliance with Environmental Requirements;cause a Material Property Event. (b) The Company After due inquiry and investigation in accordance with good commercial or customary practices to determine whether contamination is present on any Borrowing Base Property or elsewhere in connection with any activity on such Borrowing Base Property, without regard to whether Administrative Agent or any Lender has obtained or hereafter obtains any knowledge or report of the environmental condition of such Borrowing Base Property, except as may be indicated in the environmental assessment reports delivered to Administrative Agent prior to the Closing Date in connection with its due diligence investigations in connection with the Loans: (a) during the period of Parent’s or any Subsidiaries’ ownership of any Borrowing Base Property, such Borrowing Base Property has taken appropriate stepsnot been used for industrial or manufacturing purposes, as required by for landfill, dumping, or other waste disposal activities or operations, for generation, storage, use, sale, treatment, processing, recycling, or disposal of any Hazardous Material, for underground or aboveground storage tanks, or for any other use that could give rise to a Material Property Event; to Parent’s and each Subsidiaries’ knowledge, no such use of any Borrowing Base Property occurred at any time prior to the period of Parent’s or any Subsidiaries’ ownership of such Borrowing Base Property; and to Parent’s and each Subsidiaries’ knowledge, no such use on any adjacent property occurred at any time prior to the date hereof which could reasonably be expected to cause a Material Property Event; (b) to Parent’s and each Subsidiaries’ knowledge, there is no Hazardous Material, storage tank (or similar vessel) whether underground or otherwise, sump or well currently on any Borrowing Base Property which could reasonably be expected to cause a Material Property Event; (c) neither Parent nor any Subsidiary has received any notice and has no knowledge of any Environmental Claim or any completed, pending or proposed or threatened investigation or inquiry concerning the presence or release of any Hazardous Material on any Borrowing Base Property or any adjacent property or concerning whether any condition, use or activity on any Borrowing Base Property or any adjacent property is in violation of any Environmental Requirement; (d) the present conditions, uses, and activities on any Borrowing Base Property does not violate any Environmental Requirement and the use of any Borrowing Base Property which Parent or any Subsidiary (and each tenant and subtenant, if any) makes and intends to make of any Borrowing Base Property complies and will comply with all applicable Environmental Requirements; (e) no Borrowing Base Property appears on and to Parent’s and each Subsidiaries’ knowledge have ever been on the National Priorities List, any federal or state “superfund” or “superlien” list, or any other list or database of properties maintained by any local, state, or federal agency or department showing properties which are known to contain or which are suspected of containing a Hazardous Material; (f) neither Parent nor any Subsidiary has ever applied for and been denied environmental impairment liability insurance coverage relating to any Borrowing Base Property; and (g) neither Parent or any Subsidiary has, nor have, to obtain all Environmental Approvals necessary for the construction Parent’s and operation of the Project and each Subsidiaries’ knowledge, any activities tenants or subtenants, obtained any permit or authorization to construct, occupy, operate, use, or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently in material compliance with all terms and conditions of such Environmental Approvals. No material change in the facts or circumstances reported or assumed in the applications for or the granting of such Environmental Approvals exists. There are not any proceedings pending or threatened which would jeopardize the validity activity on any Borrowing Base Property by reason of any such Environmental Approvals;Requirement. (c) Except Even though Borrower may have provided Administrative Agent with an Environmental Assessment or other environmental report together with other relevant information regarding the environmental condition of the Borrowing Base Properties, Borrower acknowledges and agrees that Administrative Agent is not accepting the Borrowing Base Properties as disclosed to security for the Collateral Trustee Obligations based on that assessment, report, or information. Rather Administrative Agent has relied on the representations and each Bondholder warranties of Borrower in writing prior to this Agreement and the date Mortgages, and Administrative Agent is not waiving any of its rights and remedies in the environmental provisions of this representation is madeAgreement, the Company has not received any written notice that any of the third parties with which the Company has arranged, engaged or contracted to accept, treat, transport, store, dispose or remove any Contaminant generated at or under or present at the Project, or which otherwise participate or have participated in activities or conduct related to the Project, were not properly permitted at the relevant time to perform the foregoing activities or conduct; (d) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has no written notice that it is subject to any investigation, and is not subject to any judicial or administrative proceeding, notice, order, judgment, decree or settlement, alleging or addressing in connection with the Project and any activities or conduct related thereto (A) any material violation of any Environmental Requirements, (B) any material Remedial Action, or (C) any material Environmental Damages, claims or liabilities and costs arising from the Release or threatened Release of any Contaminant; (e) No Environmental Lien has attached to any portion of the Project, and the Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writ, injunction, decree, order or judgment outstanding, nor, to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there has been no Release or threatened Release of any Contaminants for which a Remedial Action must be taken at, to, under or from or affecting the Project; (h) The Project is not listed or proposed for listing on the National Priorities List (“NPL”) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), or listed on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar state list of sites, and the Company is not aware of any conditions at the Project which, if known to a Governmental Authority, would qualify the Project for inclusion on any such list; (i) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has transported or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which (A) is included on the NPL, or (B) is or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory law, or (C) at the time of the disposal was subject to a governmental enforcement action with respect to alleged violations of any Environmental Requirements; (j) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has engaged in or permitted any operations or activities uponMortgages, or any use or occupancy of, or affecting the Project or any portion thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant to be deposited, released, stored, disposed, leached or otherwise come to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant migrated from the Site onto or underneath other properties; (k) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, stored, disposed nor located on or affecting the Project any asbestos in any form which has become or threatens to become friable; (l) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBs”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Company’s knowledge, the Company has no liability, and has neither received nor is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground or underground storage tanks (whether or not currently in use), nor has there ever been any such tanks, located on, under or affecting the Project; and (o) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not given any notice to any insurance carrier or insurance broker that there has been an occurrence relating to the management or Release of Contaminants on, from, under or affecting the ProjectLoan Document.

Environmental Representations. Except as expressly identified set forth in Schedule 3.14 or in the Phase I Environmental ReportSite Assessment dated May 28, 2003, Seller warrants and represents that to the Knowledge of Seller: (a) The Company Real Property and the Project comply, and have at all times complied, with all Environmental Requirements applicable to the Project, including, without limitation, the use, maintenance and operation of the Project, and all activities and conduct of business related thereto, including, without limitation, the treatment, remediation, removal, transport, storage and/or disposal of any Contaminant, and no Business are in material capital expenditures are anticipated to maintain or achieve compliance with Environmental RequirementsLaws; (b) The Company Seller has obtained or has taken appropriate steps, as required by Environmental Requirements, to obtain all Environmental Approvals necessary for the construction and operation of the Project and any activities or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently is in material compliance with all terms necessary permits or authorizations that are required under Environmental Laws to operate the Business and conditions of such Environmental Approvals. No material change in the facts or circumstances reported or assumed in the applications for or the granting of such Environmental Approvals exists. There are not any proceedings pending or threatened which would jeopardize the validity of any such Environmental ApprovalsReal Property; (c) Except as disclosed to Within the Collateral Trustee and each Bondholder in writing five (5) years prior to the date this representation is made, the Company has not received any written notice that any of the third parties with which the Company has arranged, engaged or contracted to accept, treat, transport, store, dispose or remove any Contaminant generated at or under or present at the Project, or which otherwise participate or have participated in activities or conduct related to the Project, were not properly permitted at the relevant time to perform the foregoing activities or conduct; (d) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has no written notice that it is subject to any investigation, and is not subject to any judicial or administrative proceeding, notice, order, judgment, decree or settlement, alleging or addressing in connection with the Project and any activities or conduct related thereto (A) any material violation of any Environmental Requirements, (B) any material Remedial Action, or (C) any material Environmental Damages, claims or liabilities and costs arising from the Release or threatened Release of any Contaminant; (e) No Environmental Lien has attached to any portion of the Project, and the Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writ, injunction, decree, order or judgment outstanding, nor, to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the CompanyClosing Date, there has been no Release at the Real Property, or threatened Release of at any Contaminants for disposal or treatment facility which received Hazardous Materials generated by the Business or any predecessor in interest which is reasonably likely to result in Environmental Liabilities that have a Remedial Action must be taken at, to, under Material Adverse Effect on the Business or from or affecting the ProjectAcquired Assets; (hd) The Project Within the five (5) years prior to the Closing Date, no Environmental Claims have been asserted against the Business or the Real Property or any predecessor in interest nor does the Seller have knowledge or notice of any threatened or pending Environmental Claim against the Real Property or Business or any predecessor in interest which is not listed or proposed for listing reasonably likely to result in Environmental Liabilities that have a Material Adverse Effect on the National Priorities List Business or the Acquired Assets; (“NPL”e) pursuant Within the five (5) years prior to the Comprehensive Closing Date, no Environmental ResponseClaims have been asserted against any facilities that may have received Hazardous Materials generated by the Business or any predecessor in interest, Compensation, and Liability Act, as amended (“CERCLA”), or listed which is reasonably likely to result in Environmental Liabilities that have a Material Adverse Effect on the Comprehensive Business or the Acquired Assets; (f) Seller has made available to Buyer as part of its due diligence all non-privileged, non-confidential, final environmental reports, studies, investigations or correspondence regarding any Environmental Response Compensation Liability Information System List Liabilities of the Business or the Real Property in its possession or the possession of its agents. (“CERCLIS”g) or any similar state Schedule 3.14 is a true, complete and accurate list of sites, and all instances where the Company is not aware of any Business or the environmental conditions at the Project whichReal Property are not in material compliance with Environmental Law or give rise to Environmental Liabilities, if known to but only where such conditions, non-compliance or Environmental Liabilities have a Governmental Authority, would qualify the Project for inclusion on any such list; (i) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has transported or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which (A) is included Material Adverse Effect on the NPL, or (B) is or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory law, or (C) at the time of the disposal was subject to a governmental enforcement action with respect to alleged violations of any Environmental Requirements; (j) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has engaged in or permitted any operations or activities upon, or any use or occupancy of, or affecting the Project or any portion thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant Business or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant to be deposited, released, stored, disposed, leached or otherwise come to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant migrated from the Site onto or underneath other properties; (k) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, stored, disposed nor located on or affecting the Project any asbestos in any form which has become or threatens to become friable; (l) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBs”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Company’s knowledge, the Company has no liability, and has neither received nor is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground or underground storage tanks (whether or not currently in use), nor has there ever been any such tanks, located on, under or affecting the Project; and (o) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not given any notice to any insurance carrier or insurance broker that there has been an occurrence relating to the management or Release of Contaminants on, from, under or affecting the ProjectAcquired Assets.

Environmental Representations. Except as expressly for (i) matters disclosed in Section 3.17(i) of the Seller Disclosure Letter and (ii) recognized environmental conditions, soil and groundwater contamination and any non-compliance with Environmental Law which is identified with particularity on the face of such disclosure in the Environmental ReportPhase I, Phase II and other environmental documents and reports listed in Section 3.17(ii) of the Seller Disclosure Letter: (a) The Company and Business has for five (5) years prior to the Project complydate hereof been operated, and have at all times compliedis currently, with all Environmental Requirements applicable to the Project, including, without limitation, the use, maintenance and operation of the Project, and all activities and conduct of business related thereto, including, without limitation, the treatment, remediation, removal, transport, storage and/or disposal of any Contaminant, and no material capital expenditures are anticipated to maintain or achieve compliance with Environmental Requirements; (b) The Company has obtained or has taken appropriate steps, as required by Environmental Requirements, to obtain all Environmental Approvals necessary for the construction and operation of the Project and any activities or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently in material compliance with all terms applicable Environmental Laws and conditions of all permits, certifications, licenses, approvals, registrations and authorizations required by such Environmental ApprovalsLaws (“Environmental Permits”). (b) Section 3.17(b) of the Seller Disclosure Letter lists all material Environmental Permits required to own or operate the Transferred Real Property and the Business as currently owned and operated. No material change in the facts or circumstances reported or assumed in the applications for or the granting of Seller has and maintains all such Environmental Approvals exists. There are not any proceedings pending or threatened which would jeopardize the validity of any Permits and all such Environmental Approvals; (c) Except as disclosed to the Collateral Trustee Permits are in full force and each Bondholder in writing prior to the date this representation is madeeffect, the Company and Seller has not received any written or, to Seller’s Knowledge, verbal notice alleging an Environmental Claim that either (x) is unresolved or (y) was received since January 1, 2010. Seller has not been advised in writing by any Governmental Authority of any material change in the third parties status or terms and conditions of any material Environmental Permits. (c) None of Seller, the Acquired Companies or the Selling Subsidiaries have received in connection with which the Business, the Business Assets or the Transferred Real Property any written or, to Seller’s Knowledge, verbal notice of any claim, citation, summons, order, complaint, notice of violation, lawsuit, penalty or investigation directly or indirectly related to (i) any actual or alleged violation by Seller, a Selling Subsidiary or an Acquired Company has arrangedof any Environmental Law, engaged (ii) any actual or contracted alleged failure of Seller, a Selling Subsidiary or an Acquired Company to accepthave or comply with any Environmental Permit, treat(iii) the Release or disposal of any Hazardous Substance in connection with the Business or the Transferred Real Property, transport(iv) any Environmental Claim with respect to the Business, store, dispose the Business Assets or remove the Transferred Real Property or (v) any Contaminant generated at or under or present at the Project, or which otherwise participate or have participated in activities or conduct Environmental Condition related to the ProjectTransferred Real Property, were not properly permitted at the relevant time to perform the foregoing activities any of which either (x) is unresolved or conduct;(y) was received since January 1, 2010. (d) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company There has no written notice that it is subject to any investigationnot been, and is not subject occurring, at any Transferred Real Property any material Releases or threatened material Release of any Hazardous Substances except for Releases occurring in material compliance with Environmental Laws. In connection with the Business, Seller has handled, stored, discharged and disposed of all Hazardous Substances in material compliance with Environmental Laws. (e) To Seller’s Knowledge, except as would not result in material liability to Buyer, neither Seller nor any judicial or administrative proceeding, notice, order, judgment, decree or settlement, alleging or addressing of its Subsidiaries has in connection with the Project and any activities Business sent, arranged for disposal or conduct related thereto (A) any material violation of any Environmental Requirementstreatment, (B) any material Remedial Actionarranged with a transporter for transport for disposal or treatment, transported, or (C) accepted for transport any material Environmental DamagesHazardous Substances to a facility, claims site or liabilities and costs arising from the Release or threatened Release of any Contaminant; (e) No Environmental Lien has attached to any portion of the Project, and the Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writwhich, injunction, decree, order or judgment outstanding, nor, to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there has been no Release or threatened Release of any Contaminants for which a Remedial Action must be taken at, to, under or from or affecting the Project; (h) The Project is not listed or proposed for listing on the National Priorities List (“NPL”) pursuant to the Comprehensive Environmental Response, Compensation, Compensation and Liability Act, as amended 42 U.S.C. Section 9601 et seq., or any similar state or local Law (“CERCLA”), or listed on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar state list of sites, and the Company is not aware of any conditions at the Project which, if known to a Governmental Authority, would qualify the Project for inclusion on any such list; (i) Except as disclosed has been placed, or is proposed to be placed, on the Collateral Trustee and each Bondholder in writing prior National Priorities List or its state equivalent or (ii) is subject to a claim, administrative order or other request to effect removal or take remedial action. Seller has not received any written requests for information, potentially responsible party letters or general or special notices within the date this representation past five (5) years or that are unresolved alleging that it is made, neither the Company nor, to the knowledge of the Company, any contractor engaged or may be liable under CERCLA in connection with the Project has transported Acquired Companies or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which Business. (Af) is included on the NPL, or (BSection 3.17(f) is or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory law, or (C) at the time of the disposal was subject Seller Disclosure Letter contains a complete list of all material reports and studies in the possession or control of Seller relating to a governmental enforcement action the Environmental Condition of the Transferred Real Property, Environmental Claims relating to the Business or the Transferred Real Property and with respect to alleged violations compliance of the Transferred Real Property with Environmental Laws. Seller has provided Buyer with access to complete copies of all such reports and studies. (g) To Seller’s Knowledge, no facts, circumstances or conditions exist that could reasonably be expected to result in a material liability to Buyer under any Environmental Requirements; (j) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged Law or in connection with the Project has engaged in manufacture, marketing, use, sale or permitted any operations or activities upondistribution of asbestos, asbestos-containing materials, silica, mixed dust (or any use or occupancy of, or affecting the Project or any portion combination thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant to be deposited, released, stored, disposed, leached or otherwise come to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant migrated from the Site onto or underneath other properties; (k) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, stored, disposed nor located on or affecting the Project any asbestos in any form which has become or threatens to become friable; (l) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBs”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Company’s knowledge, the Company has no liability, and has neither received nor is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground or underground storage tanks (whether or not currently in use), nor has there ever been any such tanks, located on, under or affecting the Project; and (o) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not given any notice to any insurance carrier or insurance broker that there has been an occurrence relating to the management or Release of Contaminants on, from, under or affecting the Project.

Environmental Representations. Except All the Seller’s representations set forth in this Clause 14 are true and accurate as expressly identified at the date of this Agreement and shall be reiterated on the Closing Date, as evidenced by the certificate to be delivered by the Seller to the Purchaser in accordance with Clause 7.2. Table of Contents (i) The Entities Carrying Out the T&D Activities have all Environmental Authorisations. The Entities Carrying Out the T&D Activities have made such reports, filings and declarations as may have been required in respect of the above in particular at the time of their having ceased to use sites with respect to which the Companies may incur an Environmental Liability. The Seller is not aware of circumstances that would interfere with the obtaining of any permit renewal or the issuance or modification required for any planned operations or facility expansions. Save as described in the Existing Reports and save for any Remedial Actions which shall be recommended by Environmental Report: (a) Experts in accordance with Clause 14, no investment, including Remedial Actions, is required to comply with Environmental Regulations or Environmental Authorisations. The Company and Entities Carrying Out the Project comply, and T&D Activities have at all times complied, with all Environmental Requirements applicable to the Project, including, without limitation, the use, maintenance and operation of the Project, and all activities and conduct of business related thereto, including, without limitation, the treatment, remediation, removal, transport, storage and/or disposal of any Contaminant, and no material capital expenditures are anticipated to maintain or achieve compliance strictly complied with Environmental Requirements; Regulations (bincluding any Environmental Regulation relating to Asbestos or any other Hazardous Substance potentially injurious to public health and safety) The Company has obtained or has taken appropriate steps, as required by Environmental Requirements, to obtain all Environmental Approvals necessary for the construction and operation of the Project and any activities or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently in material compliance with all terms and conditions of such Environmental ApprovalsAuthorisations. No material change in the facts or circumstances reported or assumed in the applications for or the granting of such Environmental Approvals exists. There are not any proceedings pending or threatened which would jeopardize the validity of any such Environmental Approvals; (c) Except as disclosed to the Collateral Trustee and each Bondholder in writing During a three-year period prior to the date this representation is madehereof, the Company Seller has not received any no written notice that of any civil, criminal, regulatory or administrative action, claim or suit alleging the violation of the third parties with which the Company has arranged, engaged Environmental Regulations or contracted to accept, treat, transport, store, dispose or remove any Contaminant generated at or under or present at the Project, or which otherwise participate or have participated in activities or conduct related to the Project, were not properly permitted at the relevant time to perform the foregoing activities or conduct; (d) Except as disclosed to the Collateral Trustee and each Bondholder in writing Environmental Authorisations. During a three-year period prior to the date this representation is madehereof, the Company Seller has received no written notice that it either a governmental authority is intending to revoke or suspend any Environmental Authorisation to materially amend any Environmental Authorisation which is required to enable the continued operation of the T&D Activities. (ii) The Entities Carrying Out the T&D Activities have always complied, in all material respects, with Environmental Regulations in particular applicable to the T&D Activities and to the sites upon which the T&D Activities were or have been operated or which were or have been owned or used by the Entities Carrying Out the T&D Activities. There have not been any prohibitions or injunctions as regards Environmental Regulations which would limit the completion of the transaction contemplated in this Agreement. Table of Contents (iii) The Entities Carrying Out the T&D Activities have not incurred any Environmental Liability. In particular: – none of the Entities Carrying Out the T&D Activities has handled, recycled, imported, dumped or preserved any waste resulting from any product, packaging, process or activity whatsoever in breach of any Environmental Regulations or Environmental Authorisations – none of the Properties owned, occupied or held by any of the Entities Carrying Out the T&D Activities have released any Hazardous Substance in the environment or are or have been subject to any investigationcontamination of the environment prohibited by any Environmental Regulation and none of the former Properties have released any Hazardous Substance in breach of Environmental Regulations during their period of ownership, and operation or holding by any of the Entities Carrying Out the T&D Activities; – none of the Entities Carrying Out the T&D Activities nor any of their predecessors in interest (i.e. persons or entities of which an Entity carrying out the T&D Activities is a successor or that has previously used Properties) has been identified as a potentially responsible party with respect to, or received a request for information pursuant to, any Environmental Regulation related to any contaminated or previously contaminated Properties or former Properties; – none of the Entities Carrying Out the T&D Activities nor any of their predecessors has been requested to indemnify another person or contribute towards the monitoring, investigation or clean-up costs of any contaminated or previously contaminated site, Properties or former Property. (iv) There are no pending or threatened claims, actions or proceedings arising under Environmental Regulations with respect to any Properties owned, occupied or held by any of the Entities Carrying Out the T&D Activities nor, to the Sellers’ knowledge, does any basis for such claim, action or proceedings exist. The Entities Carrying Out the T&D Activities are not subject to any judicial or administrative proceeding, notice, order, judgment, decree or settlement, alleging or addressing in connection with the Project and any activities or conduct related thereto (A) any material violation of any Environmental Requirements, (B) any material Remedial Action, or (C) any material Environmental Damages, claims or liabilities and costs arising from the Release or threatened Release of any Contaminant; (e) No Environmental Lien has attached to any portion of the Project, and the Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writdecree, injunction, decreedirective or so far as the Seller is aware to any investigation by any public entity or to any indemnity, order agreement or judgment outstanding, nor, other obligation to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements third party relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there has been no Release or threatened Release of any Contaminants for which a Remedial Action must be taken at, to, under or from or affecting the Project; (h) The Project is not listed or proposed for listing on the National Priorities List (“NPL”) pursuant to the Comprehensive an Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), or listed on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar state list of sites, and the Company is not aware of any conditions at the Project which, if known to a Governmental Authority, would qualify the Project for inclusion on any such list; (i) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has transported or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which (A) is included on the NPL, or (B) is or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory law, or (C) at the time of the disposal was subject to a governmental enforcement action with respect to alleged violations of any Environmental Requirements; (j) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has engaged in or permitted any operations or activities upon, or any use or occupancy of, or affecting the Project or any portion thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant to be deposited, released, stored, disposed, leached or otherwise come to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant migrated from the Site onto or underneath other properties; (k) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, stored, disposed nor located on or affecting the Project any asbestos in any form which has become or threatens to become friable; (l) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBs”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Company’s knowledge, the Company has no liability, and has neither received nor is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground or underground storage tanks (whether or not currently in use), nor has there ever been any such tanks, located on, under or affecting the Project; and (o) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not given any notice to any insurance carrier or insurance broker that there has been an occurrence relating to the management or Release of Contaminants on, from, under or affecting the ProjectLiability.

Environmental Representations. Except as expressly identified set forth in the Environmental ReportReports: (a1) The Company and To Seller’s Knowledge, for the Project comply, and have at all times complied, with all Environmental Requirements applicable period commencing ten (10) years prior to the ProjectClosing Date, including, without limitation, the use, maintenance and operation of the Project, and all activities and conduct of business related thereto, including, without limitation, the treatment, remediation, removal, transport, storage and/or disposal of any Contaminant, and no material capital expenditures are anticipated to maintain or achieve compliance with Environmental Requirements; (b) The Company Seller has obtained or has taken appropriate steps, as required by Environmental Requirements, to obtain all Environmental Approvals necessary for the construction and operation of the Project and any activities or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently been in material compliance with all applicable Environmental Laws with respect to Seller’s ownership and operation of the Property Assets, including holding all material Licenses and Permits required under Environmental Laws for the operation of the Property Assets, and has been in material compliance with the terms and conditions of such Environmental Approvals. No material change in the facts or circumstances reported or assumed in the applications for or the granting any of such Environmental Approvals exists. There are Licenses and Permits; provided that Seller’s representation in this clause (1) does not any proceedings pending include NJRCEV’s construction or threatened which would jeopardize operation of the validity of any such Environmental Approvals;Solar Field. (c2) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company Seller has not received any written notice Environmental Claim or any threatened Environmental Claim that alleges that Seller is not in compliance with any Environmental Law with respect to the Property Assets or that alleges that Seller is responsible for environmental cleanup or remediation with respect to the Property Assets or any other property that may have received waste from Seller’s operation of the third parties with which the Company Property Assets. (3) There has arrangednot been a Release or to Seller’s Knowledge, engaged there has not been a Threat of Release of any Hazardous Substance (whether lawfully or contracted to accept, treat, transport, store, dispose or remove any Contaminant generated at or under or present unlawfully) at the ProjectReal Property during Seller’s ownership or any prior ownership which has or will require reporting to any governmental authority or which has or is reasonably likely to require investigation or remediation pursuant to applicable Environmental Law, excluding any such Releases that have been fully resolved with no further liability or obligation on the part of Seller or which are not reasonably expected to be material. (4) To Seller’s Knowledge, no activity has been undertaken at the Real Property by Seller or any other Person which would require Seller or Purchaser to obtain a hazardous waste treatment, storage or disposal permit pursuant to the federal Resource Conservation or Recovery Act, 42 U.S.C. §§ 6901, et seq., or which otherwise participate or have participated analogous New Jersey law, provided, that for purpose of clarification, such a permit does not include an identification number that is required by Persons who generate and dispose of hazardous waste at off-site facilities. (5) To Seller’s Knowledge, no hazardous waste is being stored at the Real Property other than as scheduled in activities or conduct related Schedule 12 (provided that no representation is made with respect to the Project, were not properly permitted at land underlying the relevant time to perform the foregoing activities or conduct;Solar Lease). (d6) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has no written notice that it is subject to any investigation, and Seller is not subject to any judicial or administrative proceeding, notice, order, judgment, judgment or decree or settlement, alleging or addressing in connection with the Project and any activities or conduct related thereto (A) any material violation of any Environmental Requirements, (B) any material Remedial Action, or (C) any material Environmental Damages, claims or liabilities and costs arising from the Release or threatened Release of any Contaminant; (e) No Environmental Lien has attached to any portion of the Project, and the Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writ, injunction, decree, order or judgment outstanding, nor, to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there has been no Release or threatened Release of any Contaminants for which a Remedial Action must be taken at, to, under or from or affecting the Project; (h) The Project is not listed or proposed for listing on the National Priorities List (“NPL”) pursuant to the Comprehensive applicable Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), Law or listed on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar state list of sites, and the Company is not aware of any conditions at the Project which, if known to a Governmental Authority, would qualify the Project for inclusion on any such list; (i) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has transported or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which (A) is included on the NPL, or (B) is or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory law, or (C) at the time of the disposal was subject to a governmental enforcement action with respect to alleged violations of any Environmental Requirements;Hazardous Substances with respect to the Real Property. (j7) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge The sale of the Company, any contractor engaged in connection with the Project has engaged in or permitted any operations or activities upon, or any use or occupancy of, or affecting the Project or any portion thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant Real Property pursuant to be deposited, released, stored, disposed, leached or otherwise come this Agreement is not subject to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant migrated from the Site onto or underneath other properties;ISRA. (k8) The representations and warranties set forth in this Section 6(B) Except as disclosed to (collectively, the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, stored, disposed nor located on or affecting the Project any asbestos in any form which has become or threatens to become friable; (l“Section 6(B) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBsRepresentations”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed are Seller’s sole and exclusive representations and warranties with respect to environmental matters concerning the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Company’s knowledge, the Company has no liability, and has neither received nor is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground or underground storage tanks (whether or not currently in use), nor has there ever been any such tanks, located on, under or affecting the Project; and (o) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not given any notice to any insurance carrier or insurance broker that there has been an occurrence relating to the management or Release of Contaminants on, from, under or affecting the ProjectReal Property.

Environmental Representations. Except To Seller’s Knowledge, except as expressly identified disclosed in Section 3.16 of the Environmental ReportSeller Disclosure Letter: (a) The Company Business Assets and the Project comply, and have at all times complied, with all Environmental Requirements applicable to the Project, including, without limitation, the use, maintenance and operation each of the Project, and all activities and conduct of business related thereto, including, without limitation, the treatment, remediation, removal, transport, storage and/or disposal of any Contaminant, and no material capital expenditures Acquired Companies are anticipated to maintain or achieve compliance with Environmental Requirements; (b) The Company has obtained or has taken appropriate steps, as required by Environmental Requirements, to obtain all Environmental Approvals necessary for the construction and operation of the Project and any activities or conduct related thereto, all such Environmental Approvals already obtained are in good standing, and the Company and the Project are currently in material compliance with all terms applicable Environmental Laws and conditions of such all material permits, certifications, licenses, approvals, registrations and authorizations required by Environmental Approvals. No material change in the facts or circumstances reported or assumed in the applications for or the granting of such Laws (“Environmental Approvals existsPermits”). There are not any no material claims or proceedings pending or, to Seller’s Knowledge, threatened against Seller, any Acquired Company or threatened which would jeopardize any Selling Subsidiary under any Environmental Law, and neither Seller, any Acquired Company nor any Selling Subsidiary has any material liabilities (whether accrued, absolute, contingent, matured, or not matured) under any Environmental Permit or Environmental Law. (b) Neither Seller, any Acquired Companies nor any Selling Subsidiaries have received in connection with the validity Business Assets or any previous conduct of any such Acquired Company any unresolved written notice of any citation, summons, order, complaint, penalty, claim, investigation or review by any Governmental Authority (i) with respect to any alleged violation by Seller, a Selling Subsidiary or an Acquired Company of any Environmental Approvals;Law, (ii) with respect to any alleged failure of Seller, a Selling Subsidiary or an Acquired Company to have any Environmental Permit or (iii) with respect to any generation, treatment, storage, recycling, transportation or disposal of any Hazardous Substance. (c) Except as disclosed Seller has made available to Buyer copies of all “Phase I” and “Phase II” or similar environmental site assessments in the Collateral Trustee possession or control of Seller, any Acquired Company or Selling Subsidiary and each Bondholder in writing prior copies of any studies relating to environmental conditions at the Facilities, that were prepared by Seller or by third parties during the five (5) year period ending on the date this representation is made, the Company has not received any written notice that any of the third parties with which the Company has arranged, engaged or contracted to accept, treat, transport, store, dispose or remove any Contaminant generated at or under or present at the Project, or which otherwise participate or have participated in activities or conduct related to the Project, were not properly permitted at the relevant time to perform the foregoing activities or conduct;hereof. (d) Except as disclosed (i) There have not been any releases of Hazardous Substances by Seller, any Selling Subsidiary or any Acquired Company on, from, or at the Owned Property or on, from, or at the Leased Property or any other locations, that have resulted in, or would otherwise be reasonably likely to form the Collateral Trustee and each Bondholder in writing prior basis of, a material claim against the Seller, an Acquired Company or a Selling Subsidiary, or has required, or would otherwise be likely to require, remediation by the date this representation is madeSeller, the an Acquired Company has no written notice that it is subject or a Selling Subsidiary pursuant to any investigation, and is not subject to any judicial or administrative proceeding, notice, order, judgment, decree or settlement, alleging or addressing in connection with the Project and any activities or conduct related thereto (A) any material violation of any Environmental RequirementsLaw, (Bii) no property now or previously owned, operated or leased by any material Remedial Action, or (C) any material Environmental Damages, claims or liabilities and costs arising from the Release or threatened Release of any Contaminant; (e) No Environmental Lien has attached to any portion of the Project, and the Acquired Company shall not cause or suffer any action or occurrence that will allow an Environmental Lien to attach; (f) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, the Company has not received, and is not otherwise aware of, any notice, claim or other communication concerning (A) any alleged violation of any Environmental Requirements at or affecting the Project, whether or not corrected to the satisfaction of the appropriate authority, (B) any alleged liability for Environmental Damages arising out of or related to or affecting the Project, or (C) any alleged liability arising out of or related to or affecting the Project for the Release or threatened Release of a Contaminant at any location, and there exists no writ, injunction, decree, order or judgment outstanding, nor, to the knowledge of the Company, any lawsuit, claim, proceeding, citation, directive, summons or investigation, pending or threatened, concerning Environmental Requirements relating to the condition, ownership, use, maintenance or operation of the Project, or the suspected presence of Contaminants thereunder, thereon or therefrom, nor does the Company believe that there exists any reasonable basis for such lawsuit, claim, proceeding, citation, directive, summons or investigation being instituted or filed; (g) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there has been no Release or threatened Release of any Contaminants for which a Remedial Action must be taken at, to, under or from or affecting the Project; (h) The Project is not listed or proposed for listing on the National Priorities List or on CERCLIS (“NPL”) each promulgated pursuant to the Comprehensive Environmental Response, Compensation, Compensation and Liability ActAct of 1980, as amended (“CERCLA”), or listed on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”amended) or any similar state list of sitesunder any other Environmental Law, and (iii) there are not now any underground storage tanks located in or under the Company Owned Property or the Leased Property. (e) The representations and warranties contained in this Section 3.16 shall be the exclusive representations and warranties with respect to environmental matters (including environmental liabilities or obligations, Environmental Laws, Environmental Permits and Hazardous Substances) and, notwithstanding any other provision in this Agreement to the contrary, no other representation or warranty is not aware made in this Agreement with respect to environmental matters. (f) Matters referred to in the Environmental Reports shall be deemed disclosed for purposes of any conditions at Section 3.16 to the Project whichextent such matters are identified in such Environmental Reports with reasonable particularity or are the apparent, if known to a Governmental Authority, would qualify the Project for inclusion on any direct and natural consequences of such list; matters. For purposes of example only: (i) Except as disclosed an Environmental Report that describes the presence or former presence of an underground storage tank at a facility does not have the effect of disclosing releases from that storage tank unless such report specifically states that releases are likely to the Collateral Trustee and each Bondholder in writing prior to the date this representation have occurred, but, where a release from a tank is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has transported or arranged for the transport of any Contaminant from the Project to any facility or site for the purpose of treatment or disposal which (A) is included on the NPL, or (B) is or was, at the time of disposal, subject to a Remedial Action requirement (other than routine, anticipated regulatory requirements, including, but not limited to, closure-related corrective action obligations affecting closed solid waste management units at such facility) issued under the federal Resource Conservation and Recovery Act or any state, local or foreign solid or hazardous waste regulatory law, or (C) at the time of the disposal was subject to a governmental enforcement action with respect to alleged violations of any Environmental Requirements; (j) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, neither the Company nor, to the knowledge of the Company, any contractor engaged in connection with the Project has engaged in or permitted any operations or activities upon, or any use or occupancy of, or affecting the Project or any portion thereof, for the purpose of or in any way involving the illegal or improper Release, discharge, refining or dumping of any Contaminant or the illegal or improper handling, storage, use or disposal of any Contaminant, nor has the Company caused any Contaminant to be deposited, released, stored, disposed, leached or otherwise come to be located on, under, in or about the Site, nor to the knowledge of the Company has any Contaminant migrated from the Site onto or underneath other properties; (k) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, stored, disposed nor located on or affecting the Project any asbestos in any form which has become or threatens to become friable; (l) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there is not constructed, placed, deposited, released, stored, disposed, leached nor located on the Project any polychlorinated biphenyls (“PCBs”) or transformers, capacitors, ballasts, or other equipment which contain dielectric fluid containing PCBs; (m) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the Company’s knowledgespecifically identified, the Company has no liabilitydisclosure would have the effect of disclosing the possibility of continued migration of contaminants resulting from such release; and (ii) an Environmental Report that describes past land uses of a Facility does not have the effect of disclosing conditions of contamination resulting from such past land uses, and has neither received nor but, where a condition of contamination is otherwise aware of any notice, claim or other communication alleging liability on the part of the Company, for the violation of any Environmental Requirements, for Environmental Damages, or for the Release or threatened Release of any Contaminant in connection identified with the Project; (n) Except as disclosed to the Collateral Trustee and each Bondholder in writing prior to the date this representation is made, to the knowledge of the Company, there are no aboveground or underground storage tanks (whether or not currently in use), nor has there ever been any such tanks, located on, under or affecting the Project; and (o) Except as disclosed in writing to the Collateral Trustee and each Bondholder in writing prior to the date this representation is madereasonable particularity, the Company has not given any notice to any insurance carrier or insurance broker that there has been an occurrence relating to disclosure does have the management or Release effect of Contaminants on, from, under or affecting disclosing the Projectpossibility of continued migration of such contamination.