Common use of Handling of Hazardous Substances Clause in Contracts

Handling of Hazardous Substances. Except as set forth on Schedule 9.15, (i) no portion of the real property or other assets of the Company or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) in the course of any activities conducted by the Company, any Subsidiary or the operators of any real property of the Company or any Subsidiary, no Hazardous Substances have been generated or are being used on such properties except in accordance in all material respects with applicable Environmental Laws; (iii) there have been no Releases or, to best knowledge of the Company, threatened Releases of Hazardous Substances, upon, into or from any real property or other assets of the Company or any Subsidiary, which Releases singly or in the aggregate could reasonably be expected to have a material adverse effect on the value of such real property or assets (provided that with respect to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or any Subsidiary, such representation is given to the best knowledge of the Company); (iv) there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the real property or other assets of the Company or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could reasonably be expected to have a material adverse effect on the value of, the real property or other assets of the Company or any Subsidiary; and (v) any Hazardous Substances generated by the Company and its Subsidiaries have been transported offsite only by properly licensed carriers and delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities to the best knowledge of the Company have been and are operating in compliance in all material respects with such permits and applicable Environmental Laws.

Handling of Hazardous Substances. Except as set forth on Schedule 9.159.14, (i) no portion of the real property or other assets of the Company or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; Laws and no underground tank or other underground storage receptacle for Hazardous Substances is located on such propertiesproperties which might reasonably be expected to have a material adverse effect on the value of real property or assets with an aggregate net book value (prior to any writedown resulting from any of the foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (ii) in the course of any activities conducted by the Company, any Subsidiary or the operators of any real property of the Company or any Subsidiary, no Hazardous Substances have been generated or are being used on such properties except in accordance in all which might reasonably be expected to have a material respects adverse effect on the value of properties with applicable Environmental Lawsan aggregate net book value (prior to any writedown resulting from any of the foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (iii) there have been no Releases or, to best knowledge of the Company, threatened Releases of Hazardous SubstancesSubstances on, upon, into or from any real property or other assets of the Company or any Subsidiary, which Releases singly or in the aggregate could might reasonably be expected to have a material adverse effect on the value of such real property or assets with an aggregate net book value (provided that with respect prior to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or writedown resulting from any Subsidiary, such representation is given to the best knowledge of the Company)foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (iv) to the Company's actual knowledge, there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the real property or other assets of the Company or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could might reasonably be expected to have a material adverse effect on the value of, the real property or other assets of the Company or any SubsidiarySubsidiary with an aggregate net book value (prior to any writedown resulting from any of the foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; and (v) any Hazardous Substances generated by the Company and its Subsidiaries have been transported offsite only by properly licensed carriers and and, to the best of the Company's knowledge, delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best knowledge of the Company have been and are Company's knowledge, operating in compliance in all material respects with such permits and applicable Environmental Laws, except to the extent that failure to do so would not, individually or in the aggregate, have a Material Adverse Effect.

Handling of Hazardous Substances. Except as set forth on Schedule 9.15, (i) no portion of the any real property or other assets owned, leased or operated by either of the Company Borrowers or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) in the course of any activities conducted by either of the CompanyBorrowers, any Subsidiary or the operators of any real property owned, leased or operated by either of the Company Borrowers or any Subsidiary, no Hazardous Substances have been generated or are being used on such properties except in accordance in all material respects with applicable Environmental Laws; (iii) there have been no Releases or, to best knowledge of the Company, or threatened Releases of Hazardous SubstancesSubstances on, upon, into or from any real property or other assets owned, leased or operated by either of the Company Borrowers or any Subsidiary, which Releases singly or in the aggregate could might reasonably be expected to have a material adverse effect on the value of such real property or assets (provided that with respect to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or any Subsidiary, such representation is given to the best knowledge of the Company); (iv) to the Borrowers' actual knowledge, there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the any real property or other assets owned, leased or operated by either of the Company Borrowers or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could might reasonably be expected to have a material adverse effect on the value of, the any real property or other assets owned, leased or operated by either of the Company Borrowers or any Subsidiary; and (v) any Hazardous Substances generated by either of the Company and its Borrowers or their Subsidiaries have been transported offsite only by properly licensed carriers and delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best knowledge of the Company have been and are Borrowers' knowledge, operating in compliance in all material respects with such permits and applicable Environmental Laws.

Handling of Hazardous Substances. Except as set forth on Schedule 9.158.15, (i) no portion of the any real property or other assets of owned, leased or operated by the Company Borrower or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) in the course of any activities conducted by the CompanyBorrower, any Subsidiary or the operators of any real property of owned, leased or operated by either the Company Borrower or any Subsidiary, no Hazardous Substances have been generated or are being used on such properties except in accordance in all material respects with applicable Environmental Laws; (iii) there have been no Releases or, to best knowledge of the Company, or threatened Releases of Hazardous SubstancesSubstances on, upon, into or from any real property or other assets of owned, leased or operated by the Company Borrower or any Subsidiary, which Releases singly or in the aggregate could might reasonably be expected to have a material adverse effect on the value of such real property or assets (provided that with respect to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or any Subsidiary, such representation is given to the best knowledge of the Company); (iv) to the Borrower's actual knowledge, there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the any real property or other assets of owned, leased or operated by either the Company Borrower or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could might reasonably be expected to have a material adverse effect on the value of, the any real property or other assets of owned, leased or operated by either the Company Borrower or any Subsidiary; and (v) any Hazardous Substances generated by either the Company and Borrower or its Subsidiaries have been transported offsite only by properly licensed carriers and delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best knowledge of the Company have been and are Borrower's knowledge, operating in compliance in all material respects with such permits and applicable Environmental Laws.

Handling of Hazardous Substances. Except as set forth on Schedule 9.159.13 as of the Closing Date, (i) no portion of the real property or other assets asset of the Company or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal Disposal of any Hazardous Substances Substance except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for any Hazardous Substances Substance is located on any such propertiesproperty; (ii) in the course of any activities activity conducted by the Company, any Subsidiary or the operators operator of any real property of the Company or any Subsidiary, no Hazardous Substances have Substance has been generated or are is being used on any such properties property except in accordance in all material respects with applicable Environmental Laws; (iii) there have has been no Releases Release or, to the best knowledge of the Company, threatened Releases Release of any Hazardous Substances, Substance upon, into or from any real property or other assets asset of the Company or any Subsidiary, which Releases Release singly or in the aggregate could with each other such Release would reasonably be expected to have a material adverse effect on the value of such real property or assets asset (provided that with respect to any Releases Release or threatened Releases Release which occurred prior to the ownership, occupancy or use of such property or assetsasset, as applicable, by the Company or any Subsidiary, such representation is given to the best knowledge of the Company); (iv) there have been no Releases to the best knowledge of the Company Company, there has been no Release on, upon, from or into any real property in the vicinity of the any real property or other assets asset of the Company or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could would reasonably be expected to have a material adverse effect on the value of, the real property or other assets of the Company or any SubsidiaryMaterial Adverse Effect; and (v) any Hazardous Substances Substance generated by the Company and its Subsidiaries have or any Subsidiary has been transported offsite only by properly licensed carriers and delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities to the best knowledge of the Company have been and are operating in compliance in all material respects with such permits and applicable Environmental Laws.. 600198569v6

Handling of Hazardous Substances. Except as set forth on Schedule 9.159.15 as of the Closing Date, (i) no portion of the real property or other assets of the Company or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) in the course of any activities conducted by the Company, any Subsidiary or the operators of any real property of the Company or any Subsidiary, no Hazardous Substances have been generated or are being used on such properties except in accordance in all material respects with applicable Environmental Laws; (iii) there have been no Releases or, to best knowledge of the Company, threatened Releases of Hazardous Substances, upon, into or from any real property or other assets of the Company or any Subsidiary, which Releases singly or in the aggregate could would reasonably be expected to have a material adverse effect on the value of such real property or assets (provided that with respect to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or any Subsidiary, such representation is given to the best knowledge of the Company); (iv) there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the real property or other assets of the Company or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could would reasonably be expected to have a material adverse effect on the value of, the real property or other assets of the Company or any SubsidiaryMaterial Adverse Effect; and (v) any Hazardous Substances generated by the Company and its Subsidiaries have been transported offsite only by properly licensed carriers and delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities to the best knowledge of the Company have been and are operating in compliance in all material respects with such permits and applicable Environmental Laws.

Handling of Hazardous Substances. Except as set forth on Schedule SCHEDULE 9.15, (i) no portion of the real property or other assets of the Company Borrower or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) except in the ordinary course of any activities conducted by the Company, any Subsidiary or the operators of any real property business of the Company or any SubsidiaryBorrower and its Subsidiaries and in accordance in all material respects with applicable Environmental Laws, no Hazardous Substances have been generated or are being used on the properties of Borrower or any Subsidiary, except to the extent such properties except generation or use, individually or in accordance in all material respects with applicable Environmental Lawsthe aggregate, would not reasonably be expected to have a Material Adverse Effect; (iii) there have been no Releases or, to best knowledge of the Company, or threatened Releases of Hazardous SubstancesSubstances on, upon, into or from any real property or other assets of the Company Borrower or any Subsidiary, which Releases singly or in the aggregate could might reasonably be expected to have a material adverse effect on the value of such real property or assets (provided that with respect to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or any Subsidiary, such representation is given to the best knowledge of the Company); (iv) to the Borrower's current, actual knowledge without inquiry, there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the real property or other assets of the Company Borrower or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could reasonably be expected to have a material adverse effect on the value of, the real property or other assets of the Company Borrower or any Subsidiary, and which might reasonably be expected to have a Material Adverse Effect; and (v) to the extent any Hazardous Substances generated by the Company Borrower and its Subsidiaries have been transported offsite offsite, such transportation of Hazardous Substances has been performed only by properly licensed carriers and delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best knowledge of the Company have been and are Borrower's knowledge, operating in compliance in all material respects with such permits and applicable Environmental Laws.

Handling of Hazardous Substances. Except as set forth on Schedule 9.15SCHEDULE 9.14, (i) no portion of the real property or other assets of the Company or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; Laws and no underground tank or other underground storage receptacle for Hazardous Substances is located on such propertiesproperties which might reasonably be expected to have a material adverse effect on the value of real property or assets with an aggregate net book value (prior to any writedown resulting from any of the foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (ii) in the course of any activities conducted by the Company, any Subsidiary or the operators of any real property of the Company or any Subsidiary, no Hazardous Substances have been generated or are being used on such properties except in accordance in all which might reasonably be expected to have a material respects adverse effect on the value of properties with applicable Environmental Lawsan aggregate net book value (prior to any writedown resulting from any of the foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (iii) there have been no Releases or, to best knowledge of the Company, threatened Releases of Hazardous SubstancesSubstances on, upon, into or from any real property or other assets of the Company or any Subsidiary, which Releases singly or in the aggregate could might reasonably be expected to have a material adverse effect on the value of such real property or assets with an aggregate net book value (provided that with respect prior to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or writedown resulting from any Subsidiary, such representation is given to the best knowledge of the Company)foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (iv) to the Company's actual knowledge, there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the real property or other assets of the Company or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could might reasonably be expected to have a material adverse effect on the value of, the real property or other assets of the Company or any Subsidiary; and (v) any Hazardous Substances generated by the Company and its Subsidiaries have been transported offsite only by properly licensed carriers and delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities to the best knowledge of the Company have been and are operating in compliance in all material respects with such permits and applicable Environmental Laws.material

Handling of Hazardous Substances. Except as set forth on Schedule 9.158.15, to the Borrower's knowledge, (i) no portion of the any real property or other assets owned, leased or operated by either of the Company Borrowers or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; and no underground tank or other underground storage receptacle for Hazardous Substances is located on such properties; (ii) in the course of any activities conducted by either of the CompanyBorrowers, any Subsidiary or the operators of any real property owned, leased or operated by either of the Company Borrowers or any Subsidiary, no Hazardous Substances have been generated or are being used on such properties except in accordance in all material respects with applicable Environmental Laws; (iii) there have been no Releases or, to best knowledge of the Company, or threatened Releases of Hazardous SubstancesSubstances on, upon, into or from any real property or other assets owned, leased or operated by either of the Company Borrowers or any Subsidiary, which Releases singly or in the aggregate could might reasonably be expected to have a material adverse effect on the value of such real property or assets (provided that with respect to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or any Subsidiary, such representation is given to the best knowledge of the Company); (iv) to the Borrowers' actual knowledge, there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the any real property or other assets owned, leased or operated by either of the Company Borrowers or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could might reasonably be expected to have a material adverse effect Material Adverse Effect on the value of, the any real property or other assets owned, leased or operated by either of the Company Borrowers or any Subsidiary; and (v) any Hazardous Substances generated by either of the Company and its Borrowers or their Subsidiaries have been transported offsite only by properly licensed carriers and delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best knowledge of the Company have been and are Borrowers' knowledge, operating in compliance in all material respects with such permits and applicable Environmental Laws.

Handling of Hazardous Substances. Except as set forth on Schedule 9.159.14, (i) no portion of the real property or other assets of the Company or any Subsidiary has been used by the Company or any Subsidiary or, to the best knowledge of the Company, by any third party for the handling, processing, storage or disposal of Hazardous Substances except in accordance in all material respects with applicable Environmental Laws; Laws and no underground tank or other underground storage receptacle for Hazardous Substances is located on such propertiesproperties which might reasonably be expected to have a material adverse effect on the value of real property or assets with an aggregate net book value (prior to any writedown resulting from any of the foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (ii) in the course of any activities conducted by the Company, any Subsidiary or the operators of any real property of the Company or any Subsidiary, no Hazardous Substances have been generated or are being used on such properties except in accordance in all which might reasonably be expected to have a material respects adverse effect on the value of properties with applicable Environmental Lawsan aggregate net book value (prior to any writedown resulting from any of the foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (iii) there have been no Releases or, to best knowledge of the Company, threatened Releases of Hazardous SubstancesSubstances on, upon, into or from any real property or other assets of the Company or any Subsidiary, which Releases singly or in the aggregate could might reasonably be expected to have a material adverse effect on the value of such real property or assets with an aggregate net book value (provided that with respect prior to any Releases or threatened Releases which occurred prior to the ownership, occupancy or use of such property or assets, as applicable, by the Company or writedown resulting from any Subsidiary, such representation is given to the best knowledge of the Company)foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; (iv) to the Company's actual knowledge, there have been no Releases to the best knowledge of the Company on, upon, from or into any real property in the vicinity of the real property or other assets of the Company or any Subsidiary which, through soil or groundwater contamination, may have come to be located on, and which could might reasonably be expected to have a material adverse effect on the value of, the real property or other assets of the Company or any SubsidiarySubsidiary with an aggregate net book value (prior to any writedown resulting from any of the foregoing) exceeding $250,000 or which otherwise might be reasonably expected to have a Material Adverse Effect; and (v) any Hazardous Substances generated by the Company and its Subsidiaries have been transported offsite only by properly licensed carriers and and, to the best of the Company's knowledge, delivered only to treatment or disposal facilities maintaining valid permits as required under applicable Environmental Laws, which transporters and facilities have been and are, to the best knowledge of the Company have been and are Company's knowledge, operating in compliance in all material respects with such permits and applicable Environmental Laws., except to the extent that failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. 44 52