Environmental Survey and Questionnaire Sample Clauses

Environmental Survey and Questionnaire. If requested by the Agent, an environmental audit and/or review of any real property to be acquired or leased by any Obligor in connection with such Relevant Transaction, with the results and methodology thereof reasonably satisfactory to the Agent and performed by an engineer acceptable the Agent and the Company. In addition, if requested by the Majority Lenders (through the Agent), the Company shall have completed (and delivered to each Lender) an environmental risk questionnaire in a form provided to the Company by the Agent (and containing such inquiries with respect to environmental matters as shall have been requested by any Lender, through the Agent, to be included in such questionnaire), and the responses to such questionnaire (and the underlying facts and circumstances shown thereby) shall be in form and substance reasonably satisfactory to each Lender.
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Environmental Survey and Questionnaire. An environmental survey and assessment prepared by a firm of licensed engineers (familiar with the identification of toxic and hazardous substances) in form and substance satisfactory to the Agent, such environmental survey and assessment to be based upon physical on-site inspections by such firm of each of the existing sites and facilities of ADS, as well as an historical review of the uses of such sites and facilities and of the business and operations of ADS (including any former sub-divisions of ADS that have been disposed of prior to the date of such survey and assessment and with respect to which ADS may have retained liability for Environmental Claims).
Environmental Survey and Questionnaire. If requested by the Administrative Agent, an environmental audit and/or review of any real property to be acquired or leased by any Obligor in connection with such Relevant Transaction, with the results and methodology thereof reasonably satisfactory to the Administrative Agent and performed by an engineer acceptable the Administrative Agent and the Company. In addition, if requested by the Majority Revolving Credit Lenders (through the Administrative Agent), the Company shall have completed (and delivered to each Revolving Credit Lender) an environmental risk questionnaire in a form provided to the Company by the Administrative Agent (and containing such inquiries with respect to environmental matters as shall have been requested by any Lender, through the Administrative Agent, to be included in such questionnaire), and the responses to such questionnaire (and the underlying facts and circumstances shown thereby) shall be in form and substance reasonably satisfactory to each Revolving Credit Lender.
Environmental Survey and Questionnaire. An environmental survey and assessment prepared by a firm of licensed engineers (familiar with the identification of toxic and hazardous substances) in form and substance satisfactory to each Lender, such environmental survey and assessment to be based upon physical on-site inspections by such firm of each of the existing sites and facilities owned, operated or leased by the Company and its Subsidiaries, as well as an historical review of the uses of such sites and facilities and of the business and operations of the Company and its Subsidiaries (including any former Subsidiaries or divisions of the Company or any of its Subsidiaries that have been disposed of prior to the date of such survey and assessment and with respect to which the Company or any of its Subsidiaries may have retained liability for claims in respect of environmental matters). In addition, if requested by the Majority Credit Agreement Lenders (through the Administrative Agent), the Company shall have completed (and delivered to each Lender) an environmental risk questionnaire in a form provided to the Company by the Administrative Agent (and containing such inquiries with respect to environmental matters as shall have been requested by any Lender, through the Administrative Agent, to be included in such questionnaire), and the responses to such questionnaire (and the underlying facts and circumstances shown thereby) shall be in form and substance satisfactory to each Lender. Additionally, where appropriate, materials updating any of the environmental reviews discussed above.
Environmental Survey and Questionnaire. To the extent requested by the Administrative Agent, an environmental survey and assessment prepared by a firm of licensed engineers (familiar with the identification of toxic and hazardous substances) in form and substance satisfactory to the Administrative Agent, such environmental survey and assessment to be based upon physical on-site inspections by such firm of each of the existing sites and facilities owned, operated or leased by the Borrower and its Subsidiaries within the United States, as well as an historical review of the uses of such sites and facilities and of the business and operations of the Borrower and its Subsidiaries (including any former Subsidiaries or divisions of the Borrower or any of its Subsidiaries that have been disposed of prior to the date of such survey and assessment and with respect to which the Borrower or any of its Subsidiaries may have retained liability for environmental claims).
Environmental Survey and Questionnaire. An environmental -------------------------------------- risk questionnaire with respect to each of the existing sites and facilities that are owned, operated or leased by the Company or any of its Subsidiaries, and such environmental questionnaire (containing such inquiries with respect to environmental matters as shall have been requested by any Lender), and the responses thereto, shall be in form and substance satisfactory to the Administrative Agent. Credit Agreement ---------------- -55-
Environmental Survey and Questionnaire. An en- vironmental survey and assessment prepared by a firm of licensed engineers (familiar with the identification of toxic and hazardous substances) in form and substance sat- isfactory to each Lender, such environmental survey and assessment to be based upon physical on-site inspections by such firm of each of the existing sites and facilities owned, operated or leased by the Company and its Subsid- iaries, as well as an historical review of the uses of such sites and facilities and of the business and opera- tions of the Company and its Subsidiaries (including any former Subsidiaries or divisions of the Company or any of its Subsidiaries that have been disposed of prior to the date of such survey and assessment and with respect to which the Company or any of its Subsidiaries may have re- tained liability for claims in respect of environmental matters). In addition, if requested by the Majority Lend- ers (through the Administrative Agent), the Company shall have completed (and delivered to each Lender) an environ- mental risk questionnaire in a form provided to the Com- pany by the Administrative Agent (and containing such in- quiries with respect to environmental matters as shall have been requested by any Lender, through the Administra- tive Agent, to be included in such questionnaire), and the responses to such questionnaire (and the underlying facts and Credit Agreement circumstances shown thereby shall be in form and substance satisfactory to each Lender.
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Environmental Survey and Questionnaire. The Administrative Agent shall have received a recent Phase I environmental survey and assessment prepared by a firm of licensed engineers (familiar with the identification of toxic and hazardous substances) reasonably satisfactory to the Administrative Agent with respect to the Company’s facility and related real property located in Union Township, New Jersey, which survey and assessment shall be in form and detail satisfactory to the Administrative Agent and show a condition of such facility and related real property reasonably satisfactory to the Administrative Agent.

Related to Environmental Survey and Questionnaire

  • Environmental Report Lender shall have received an Environmental Report (not more than six months old) with respect to the Property that discloses no material environmental contingencies with respect to the Property.

  • Environmental Reports Lender shall have received an environmental report in respect of the Property, in each case reasonably satisfactory to Lender.

  • Environmental Notice Promptly after the assertion or occurrence thereof, notice of any action or proceeding against or of any noncompliance by any Loan Party or any of its Subsidiaries with any Environmental Law or Environmental Permit that could reasonably be expected to have a Material Adverse Effect.

  • Title Report If no Additional Mortgage Policy is required with respect to such Additional Mortgaged Property, a title report issued by the Title Company with respect thereto, dated not more than 30 days prior to the date such Additional Mortgage is to be recorded and satisfactory in form and substance to Administrative Agent;

  • Estoppel Certificates and Financial Statements Tenant shall within seven (7) days following request by Landlord: (a) execute and deliver to Landlord any documents, including estoppel certificates, in the form presented to Tenant by Landlord (1) certifying that this Lease has not been modified and is in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (2) stating the date to which the rent and other charges are paid in advance, if at all, (3) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults, and (4) evidencing the status of this Lease as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage encumbering the premises or a purchaser of the premises from Landlord; and (b) deliver to Landlord the best available current (and public, if the stock of Tenant is publicly traded over a United States nationally recognized stock exchange) financial statements of Tenant with an opinion of a certified public accountant, if available, including a balance sheet and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all prepared in accordance with generally accepted accounting principles consistently applied. Landlord shall only be entitled to request such financial statements in connection with an intended disposition or refinancing of the Building. Landlord shall within seven (7) days following request by Tenant, provided such request is made only in connection with a proposed assignment or sublease of Tenant's interest in this Lease pursuant to Paragraph 17 above: (a) execute and deliver to Tenant an estoppel certificate in the form presented to Landlord by Tenant (1) certifying that this Lease has not been modified and is in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (2) stating the date to which the rent and other charges are paid in advance, if at all, and (3) acknowledging that there are not, to Landlord's knowledge, any uncured defaults on the part of Tenant hereunder, or if there are uncured defaults on the part of Tenant, stating the nature of such uncured defaults.

  • Environmental Notices The Borrower shall furnish to the Banks and the Agent prompt written notice of all Environmental Liabilities, pending, threatened or anticipated Environmental Proceedings, Environmental Notices, Environmental Judgments and Orders, and Environmental Releases at, on, in, under or in any way affecting the Properties or any adjacent property, and all facts, events, or conditions that could lead to any of the foregoing.

  • Notice of Environmental Defects Promptly upon discovery, but in any event prior to the Environmental Defect Notice Deadline, Buyer shall deliver to Seller written notices (each, a “Notice of Environmental Defect”) setting forth each Environmental Defect (other than those environmental matters described in Section 5.3 of the Disclosure Schedule (the “Disclosed Environmental Defects”)) affecting the Assets that Buyer’s Environmental Assessment identifies and that Buyer believes to be a Non-De Minimus Environmental Defect, together with a description in reasonable detail of the Environmental Defect (and, to the extent reasonably necessary to support such description, reports, assessments and other documentation in Buyer’s possession relating to such Environmental Defect) and Buyer’s good faith estimate of the cost to Remediate such Environmental Defect (the “Environmental Defect Value”). Without limitation of Buyer’s remedies for any breach by Seller of its representations and warranties in Article VI pertaining to environmental matters, Buyer shall be deemed to have conclusively waived (a) any Environmental Defect about which it fails to notify Seller in writing pursuant to a Notice of Environmental Defect prior to the Environmental Defect Notice Deadline and (b) the Disclosed Environmental Defects. Buyer shall have the right to exclude an Asset from this Agreement if Buyer’s good faith estimate of the Environmental Defect Value, as set forth in the Notice of Environmental Defect relating to such Environmental Defect exceeds 50% of the Allocated Value of the Asset affected thereby, in which event the Base Purchase Price shall be reduced by the Allocated Value of such Asset and such Asset shall thereafter be treated as an Excluded Asset; provided, that Buyer’s right to exclude any such Asset shall not apply to an Asset with an Allocated Value of less than $100,000 unless Buyer’s good faith estimate of the Environmental Defect Value relating to the Environmental Defect affecting such Asset exceeds $200,000.

  • Preliminary Title Report Seller will, within five (5) Business Days after the Opening of Escrow, cause the Title Company to deliver a preliminary title report for the Property to Buyer and Seller (the "Title Report") along with copies of all plotted easements and underlying documents referenced therein. Buyer shall have until thirty (30 days prior to the end of the Feasibility Period (the "Title Disapproval Deadline") to notify Seller and Title Company what exceptions to title shown thereon, if any, are unacceptable to Buyer ("Disapproved Exceptions"). Buyer’s failure to deliver to Seller written notice of any Disapproved Exceptions by the end of the Title Disapproval Deadline shall be deemed approval by Buyer of all exceptions to title reported in the Title Report. In the event Buyer timely gives notice of any Disapproved Exception, Seller shall have ten (10) Business Days after receipt of such notice to notify Buyer and Escrow Holder either (1) that Seller will cure or insure over such Disapproved Exception; or (2) that Seller will not cure or insure over such Disapproved Exception. Seller's failure to give such notice with respect to a Disapproved Exception shall constitute an election not to cure or insure over such Disapproved Exception; provided, however, that Seller shall cure any Disapproved Exception which is a deed of trust or other monetary lien encumbering the Property not caused by or on behalf of Buyer and any delinquent property taxes or assessments. Seller shall keep the Property free and clear of all monetary liens and encumbrances not reflected in the Title Report, except for current real property taxes. In the event Seller elects or is deemed to elect not to cure or insure over any Disapproved Exception, Buyer shall have the option within five (5) Business Days after receipt (or five (5) Business Days after the date Seller’s response was due if not given) to terminate this Agreement by written notice to Seller and Escrow Holder to that effect, in which case Buyer shall receive a refund of the Deposit and accrued interest thereon, and no party shall have any further rights or obligations under this Agreement except those which, by their terms, survive the termination hereof.

  • Disclosure to Environmental Insurer If the Mortgaged Property securing any Mortgage Loan identified on Annex C as being covered by a secured creditor policy, then the Seller:

  • Environmental Information At any time that any Company has breached the representation and warranty in Section 3.19, is not in compliance with Section 5.09(a) or has delivered a notice pursuant to Section 5.02(e), provide, at the Borrowers’ sole expense and at the request of the Administrative Agent, either (a) an environmental site assessment report concerning the Real Property owned, leased or operated by such Company that is the subject of any such breach, noncompliance or notice, prepared by an environmental consulting firm reasonably approved by the Administrative Agent, provided that if the Borrowers fail to provide the same within 45 days after such request was made, the Administrative Agent may order the same at any time thereafter if the Borrowers are not diligently pursuing the completion of such report, the cost of which shall be borne by the Borrowers, and in such case the respective Loan Party shall grant and hereby grants to the Administrative Agent and the Lenders and their respective agents reasonable access to such Real Property and specifically grant the Administrative Agent and the Lenders a license to undertake such an assessment at any reasonable time upon reasonable notice to the Administrative Borrower, all at the sole expense of the Borrowers; or (b) copies of the reports of the United States Coast Guard, Environmental Protection Agency and National Transportation Safety Board, and of any applicable state or foreign agency, if and when issued, concerning such breach, noncompliance or notice if related to a Vessel or Chartered Vessel owned, chartered to or operated by such Company; and

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