Grantor's Warranties. Grantor hereby represents and warrants that: (a) To Grantor's actual knowledge, no Hazardous Materials have been collected, stored, treated or disposed of in a manner which materially violates any Applicable Laws, and no Hazardous Materials which would have a Material Adverse Effect are now located on the Mortgaged Property other than Hazardous Materials used in the ordinary course of Grantor's operations, all of which have been used in accordance, in all material respects, with proper specifications and procedures in accordance with Applicable Laws, and neither Grantor nor, to Grantor's actual knowledge and belief, any other person has ever caused or permitted any Hazardous Materials which would have a Material Adverse Effect to be placed, held, located or disposed of on, under or at the Mortgaged Property, or any part thereof other than Hazardous Materials used in the ordinary course of Grantor's operations, all of which (b) To Grantor's actual knowledge, no part of the Mortgaged Property is being used nor, to Grantor's actual knowledge and belief, has been previously used for the disposal, storage, treatment, processing or other handling of Hazardous Materials, the effect of which would have a Material Adverse Effect, nor is any part of the Mortgaged Property affected by any Hazardous Materials Contamination which would have a Material Adverse Effect; (c) To Grantor's actual knowledge and belief, no property adjoining the Mortgaged Property is being used, or has ever been used at any previous time for the disposal, storage, treatment, processing or other handling of Hazardous Materials which would have a Material Adverse Effect, nor is any other property adjoining the Mortgaged Property affected by Hazardous Materials Contamination which would have a Material Adverse Effect.
Appears in 2 contracts
Samples: Term Credit Agreement (Pillowtex Corp), Credit Agreement (Pillowtex Corp)
Grantor's Warranties. Grantor hereby represents and warrants that:
(a) To Grantor's actual knowledge, no No Hazardous Materials have been collected, stored, treated or disposed of in a manner which materially violates any Applicable Laws, and no Hazardous Materials which would have a Material Adverse Effect are now located on the Mortgaged Property other than Hazardous Materials used in the ordinary course of Grantor's operations, all of which have been used in accordance, in all material respects, with proper specifications and procedures in accordance with Applicable LawsProperty, and neither Grantor nor, to Grantor's actual knowledge and belief’s knowledge, any other person has ever caused or permitted any Hazardous Materials which would have a Material Adverse Effect to be placed, held, located located, or disposed of on, under or at the Mortgaged Property, Property or any part thereof other than Hazardous Materials used in the ordinary course of Grantor's operations, all of whichthereof;
(b) To Grantor's actual knowledge, no No part of the Mortgaged Property is being used noror, to the knowledge of Grantor's actual knowledge and belief, has been previously used at any previous time for the disposal, storage, treatment, processing processing, or other handling of Hazardous Materials, the effect of which would have a Material Adverse Effect, nor is any part of the Mortgaged Property affected by any the Hazardous Materials Contamination which would have a Material Adverse Effectcontamination;
(c) To Grantor's actual knowledge and belief, no No property adjoining the Mortgaged Property is being used, or has ever been used at any previous time for the disposal, storage, treatment, processing or other handling of Hazardous Materials which would have a Material Adverse Effect, nor is any other property adjoining the Mortgaged Property affected by Hazardous Materials Contamination;
(d) No investigation, administrative order, consent order and agreement, litigation, or settlement with respect to Hazardous Materials or Hazardous Materials Contamination is proposed, threatened, anticipated, or in existence with respect to the Property. The Property is not currently on, and to Grantor’s knowledge, after diligent investigation and inquiry, has never been on, any federal or state “Superfund” or “Superlien” list;
(e) Neither Grantor nor, to the best of Grantor’s knowledge and belief, any tenant of any portion of the Property has received any notice from any Governmental Authority with respect to any violation of any Governmental Requirements;
(f) The use which would have Grantor makes and intends to make of the Property will not result in the disposal or release of any Hazardous Materials on, in, or to the Property;
(g) Grantor shall not cause any violation of any Governmental Requirements, nor permit any tenant of any portion of the Property to cause such a Material Adverse Effectviolation, nor permit any environmental liens to be placed on any portion of the Property.
Appears in 1 contract
Grantor's Warranties. Grantor hereby represents and warrants that:
(a) To Grantor's actual knowledge, no Hazardous Materials have been collected, stored, treated or disposed of pursuant to Grantor's operations in a manner which materially violates any Applicable Laws, Law and no Hazardous Materials which would have a Material Adverse Effect are now located on the Mortgaged Property Land and Improvements other than Hazardous Materials used in the ordinary course of Grantor's operations, all of which have been use in accordance, in all material respects, with proper specifications and procedures in accordance with Applicable Law, and neither Grantor nor, to Grantor's actual knowledge and belief, any other person has ever caused or permitted any Hazardous Materials to be placed, held, located or disposed on, under or at the Land and Improvements or any part thereof in a manner which would have a Material Adverse Effect other than Hazardous Materials used in the ordinary course of Grantor's operations, all of which have been used in accordance, in all material respects, with proper specifications and procedures in accordance with Applicable Laws, and neither Grantor nor, to Grantor's actual knowledge and belief, any other person has ever caused or permitted any Hazardous Materials which would have a Material Adverse Effect to be placed, held, located or disposed of on, under or at the Mortgaged Property, or any part thereof other than Hazardous Materials used in the ordinary course of Grantor's operations, all of whichLaw;
(b) To Grantor's actual knowledge, no part of the Mortgaged Property Land and Improvements is being used nor, to the Grantor's actual knowledge and belief, has been previously used at any previous time for the disposal, storage, treatment, processing or other handling of Hazardous Materials, the effect of Materials in a manner which would have a Material Adverse Effect, nor is any part of the Mortgaged Property Land and Improvements affected by any Hazardous Materials Contamination which would have a Material Adverse Effect;
(c) To Grantor's actual knowledge and belief, no property adjoining the Mortgaged Property Land and Improvements is being used, or has ever been used at any previous time for the disposal, storage, treatment, processing or other handling of Hazardous Materials which would have a Material Adverse Effect, Effect nor is any other property adjoining the Mortgaged Property Land and Improvements affected by Hazardous Materials Contamination which would have a Material Adverse Effect.
Appears in 1 contract