Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Usweb Corp), Agreement and Plan of Reorganization (Usweb Corp), Agreement and Plan of Reorganization (Usweb Corp)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ ------------------- safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Usweb Corp), Agreement and Plan of Reorganization (Usweb Corp), Agreement and Plan of Reorganization (Usweb Corp)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released in violation of applicable law any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 3 contracts
Samples: Merger Agreement (New Era of Networks Inc), Agreement and Plan of Reorganization (New Era of Networks Inc), Agreement and Plan of Reorganization (Polycom Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ ------------------- safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Inktomi Corp), Agreement and Plan of Reorganization (Summit Design Inc), Agreement and Plan of Reorganization (International Network Services)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or the Principal Shareholders' knowledgeKnowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Intraware Inc), Merger Agreement (Commerce One Inc), Agreement and Plan of Reorganization (Commerce One Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 3 contracts
Samples: Merger Agreement (Tut Systems Inc), Agreement and Plan of Reorganization (Tut Systems Inc), Agreement and Plan of Reorganization (Tut Systems Inc)
Hazardous Material. The Neither the Company has notnor any of its Subsidiaries has: (i) operated any ------------------ underground storage tanks at any property that the Company or any of its Subsidiaries has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSincluding PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws Laws (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any of its Subsidiaries, or, to the Company's or Principal Shareholders' ’s knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any of its Subsidiaries has at any time owned, operated, occupied or leased.
Appears in 3 contracts
Samples: Merger Agreement (Harris Stratex Networks, Inc.), Merger Agreement (Citrix Systems Inc), Merger Agreement (Citrix Systems Inc)
Hazardous Material. The Neither the Company has notnor any Subsidiary has: (i) operated any ------------------ underground storage tanks at any property that the Company or such Subsidiary has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or any Subsidiary or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any Subsidiary has at any time owned, operated, occupied or leased.
Appears in 3 contracts
Samples: Subscription Agreement (Covad Communications Group Inc), Subscription Agreement (Covad Communications Group Inc), Subscription Agreement (Covad Communications Group Inc)
Hazardous Material. The Company has not: :
(i) operated any ------------------ underground storage tanks at any property that either Seller or the Company has at any time owned, operated, occupied or leased; or or
(ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-urea- formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of Seller or the Company or, to Seller’s or the Company's or Principal Shareholders' knowledge’s Knowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that Seller or the Company has at any time owned, operated, occupied or leased.
Appears in 3 contracts
Samples: Share Acquisition Agreement (Growth Stalk Holdings Corp), Share Acquisition Agreement (Growth Stalk Holdings Corp), Share Acquisition Agreement (Growth Stalk Holdings Corp)
Hazardous Material. The Company Except as set forth on Schedule 4.17, Seller has not: (i) operated any ------------------ underground storage tanks at any property that the Company Seller has at any time owned, operated, occupied or leased; or (ii) to the knowledge of Seller, illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde ureaformaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialMaterials"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No To the knowledge of Seller, no Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's Seller or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company Seller has at any time owned, operated, occupied or leased.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Critical Home Care Inc), Asset Purchase Agreement (Critical Home Care Inc)
Hazardous Material. The Neither the Company has notnor its Subsidiary has: (i) operated any ------------------ underground storage tanks at any property that the Company or its Subsidiary has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or its Subsidiary, or, to the best of the knowledge of the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or its Subsidiary has at any time owned, operated, occupied or leased.
Appears in 2 contracts
Samples: Merger Agreement (Tangible Asset Galleries Inc), Merger Agreement (Tangible Asset Galleries Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Informix Corp), Agreement and Plan of Reorganization (Summit Design Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office ------------------ and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Usweb Corp), Agreement and Plan of Reorganization (Usweb Corp)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's 's, Indemnitors' or Principal Shareholdersthe Stockholders' knowledgeKnowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Gametech International Inc), Stock Purchase Agreement (Gametech International Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Inktomi Corp), Agreement and Plan of Reorganization (Context Integration Inc)
Hazardous Material. The Company Seller has not: (i) operated any ------------------ underground storage tanks at any property that the Company Seller has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said such laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company Seller or, to the CompanySeller's or the Principal ShareholdersStockholders' knowledgeKnowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company Seller has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: not (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; , or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Tut Systems Inc)
Hazardous Material. The Neither the Company has notnor any of its ------------------ subsidiaries has: (i) operated any ------------------ underground storage tanks at any property that the Company has or any of its subsidiaries have at any time owned, operated, occupied or leased; or (ii) illegally released in violation of applicable law any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company Company, or, to the Company's knowledge of the Company or Principal Shareholders' knowledgeany of its subsidiaries, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any of its subsidiaries has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Merger Agreement (Autodesk Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal ShareholdersShareholder' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material")laws, but excluding office and janitorial supplies properly and ------------------ safely maintainedmaintained (a "HAZARDOUS MATERIAL"). No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cybergold Inc)
Hazardous Material. The Neither the Company has notnor any of its Subsidiaries has: (i) operated any ------------------ underground storage tanks at any property that the Company or any Subsidiary has at any time owned, operated, occupied or leased; , or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state state, local or local law foreign Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, including without limitation, PBSlimitation PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any Subsidiary, or, to the Company's or Principal Shareholders' ’s knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including including, without limitation, the land and the improvements, ground water and surface water thereof, that the Company or any Subsidiary has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased, other than office and janitorial supplies properly and safely maintained.
Appears in 1 contract
Hazardous Material. The Company Neither Seller nor any of the Insignia Subsidiaries has not: (i) operated any ------------------ underground storage tanks at any property that the Company Seller or any Insignia Subsidiary has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSincluding PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws Laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Seller or any Insignia Subsidiary, or, to the CompanySeller's or Principal Shareholders' knowledgeKnowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company Seller or any Insignia Subsidiary has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Asset Purchase Agreement (Smith Micro Software Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released to the environment any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present in violation of any applicable law, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' ’s knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Merger Agreement (Comscore, Inc.)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledgeKnowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased. To the Company's Knowledge, there is no fact or circumstance which could involve the Company in any environmental litigation or impose upon the Company any environmental liability.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Intraware Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released in violation of applicable law any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-urea- formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, except as set forth in Schedule 2.18, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leasedleased that would result in a Material Adverse Effect.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Carrier Access Corp)
Hazardous Material. The Neither the Company nor any Subsidiary has not: (i) operated any ------------------ underground storage tanks at any property that the Company or any Subsidiary has at any time owned, operated, occupied or leased; leased or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No To the knowledge of the Company, no Hazardous Materials are present present, as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company Neither Seller nor any of the Insignia Subsidiaries has not: (i) operated any ------------------ underground storage tanks at any property that the Company Seller or any Insignia Subsidiary has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSincluding PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws Laws (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Seller or any Insignia Subsidiary, or, to the Company's or Principal Shareholders' knowledgeSeller’s Knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company Seller or any Insignia Subsidiary has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Neither the Company has notnor any of the Subsidiaries has: (i1) operated any ------------------ underground storage tanks at any property that the Company or any of the Subsidiaries has at any time owned, operated, occupied or leased; or (ii2) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSincluding PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws Laws (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any of the Subsidiaries, or, to the Company's or Principal Shareholders' knowledge’s Knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any of the Subsidiaries has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-urea- formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding ------------------ office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Inktomi Corp)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal the Shareholders' knowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Flycast Communications Corp)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal the Shareholders' knowledgeKnowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Merger Agreement (Gateway International Holdings Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's knowledge of the Company or the Principal Shareholders' knowledge, as a result of any actions of any third party parties or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Inference Corp /Ca/)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; , or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde ureaformaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present have been released, in amounts which could be reasonably expected to involve the Company in any environmental litigation or impose upon Company any material environmental liability, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water groundwater and surface water thereof, that the Company has at any time owned, operated, occupied or leased. To the knowledge of the Company, no asbestos or asbestos containing materials are present in or on any facility leased or owned by the Company.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Data Dimensions Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, lead, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or any Principal Shareholders' Shareholder's knowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Share Acquisition Agreement (New Era of Networks Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ ------------------- safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal all Company Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), ------------------ but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, during the period that the Company has at any time owned, operated, occupied or leasedleased such property.
Appears in 1 contract
Samples: Merger Agreement (Usweb Corp)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released in violation of any Law or environmental permit any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSincluding PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Appliedtheory Corp)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding office and janitorial supplies properly ------------------ and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Smartforce Public LTD Co)
Hazardous Material. The Neither the Company has notnor the Subsidiary ------------------ has: (i) operated any ------------------ underground storage tanks at any property that the Company or the Subsidiary has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly ------------------ and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of either Parent, Seller the Company or the Subsidiary or, to either Parent's, Seller's or the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Neither the Company has notnor any Subsidiary has: (i) operated any ------------------ underground storage tanks at any property that the Company or any Subsidiary has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any Subsidiary, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any Subsidiary has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Concord Communications Inc)
Hazardous Material. The Company Margate has not: (i) operated any ------------------ underground storage tanks at any property that the Company Margate has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company Margate or, to the CompanyMargate's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company Margate has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Margate Industries Inc)
Hazardous Material. The Neither the Company has notnor any of the Subsidiaries has: (i) operated any ------------------ underground storage tanks at any property that the Company or any of the Subsidiaries has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSincluding PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws Laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any of the Subsidiaries, or, to the Company's or Principal Shareholders' knowledgeKnowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any of the Subsidiaries has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Stock Purchase Agreement (PTC Inc.)
Hazardous Material. The Neither the Company has notnor any of the Subsidiaries has: (i) operated any ------------------ underground storage tanks at any property that the Company or any of the Subsidiaries has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSincluding PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws Laws (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any of the Subsidiaries, or, to the Company's or Principal Shareholders' knowledge’s Knowledge, as a result of any actions of any third party Person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any of the Subsidiaries has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's 's, Indemnitors' or Principal Shareholdersthe Stockholders' knowledgeKnowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Neither the Company has notnor any of its Subsidiaries has: (i) operated any ------------------ underground storage tanks at any property that the Company or any of its Subsidiaries has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material")Laws, but excluding office and janitorial supplies properly and ------------------ safely maintainedmaintained (a “Hazardous Material”). No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any of its Subsidiaries, or, to the Company's or Principal Shareholders' ’s knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including including, without limitation, the land and the improvements, ground water and surface water thereof, that the Company or any of its Subsidiaries has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ ------------------- safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal ShareholdersStockholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal the Shareholders' knowledgeKnowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Merger Agreement (Gateway International Holdings Inc)
Hazardous Material. The Neither the Company has notnor any of its subsidiaries has: (i) operated any ------------------ underground storage tanks at any property that the Company or any of its subsidiaries has at any time owned, operated, occupied or leased; or (ii) illegally released in violation of applicable law any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material")laws, but excluding office and janitorial supplies properly and ------------------ safely maintainedmaintained (a "HAZARDOUS MATERIAL"). No Hazardous Materials are present as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any of its subsidiaries has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Merger Agreement (Informatica Corp)
Hazardous Material. The Neither the Company nor any Subsidiary has not: (i) operated any ------------------ underground storage tanks at any property that the Company or such Subsidiary has at any time owned, operated, occupied or leased; leased or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state state, local, or local foreign law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws laws, (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any Subsidiary, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company or any Subsidiary has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Peregrine Systems Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous --------- Material"), but excluding . Excluding office and janitorial supplies properly and ------------------ safely -------- maintained. No , no Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or each of the Principal Shareholders' Shareholder's knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Failure Group Inc)
Hazardous Material. The Neither the Company has notnor any of the Subsidiaries has: (i) operated any ------------------ underground storage tanks at any property that the Company or any of the Subsidiaries has at any time owned, operated, occupied or leased; or (ii) illegally released in violation of any material amount of Environmental Law any substance that has been designated by any Governmental Entity or by applicable federal, state or local law Law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSincluding PCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States federal Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws Laws (a "“Hazardous Material"”), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present present, as a result of the deliberate actions of the Company or any of the Subsidiaries, or, to the Company's or Principal Shareholders' knowledge’s Knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at or any time ownedof the Subsidiaries owns, operatedoperates, occupied occupies or leasedleases.
Appears in 1 contract
Samples: Stock Purchase Agreement (Parametric Technology Corp)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Samples: Merger Agreement (Looksmart LTD)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the best of the Company's or Principal the Shareholders' knowledge, as a result of any actions of any third party other person or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; , or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBSPCBs, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous MaterialHAZARDOUS MATERIAL"), but excluding office and janitorial supplies properly and ------------------ safely maintained. No Hazardous Materials are present have been released, in amounts which could be reasonably expected to involve the Company in any environmental litigation or impose upon Company any material environmental liability, as a result of the deliberate actions of the Company Company, or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water groundwater and surface water thereof, that the Company has at any time owned, operated, occupied or leased.water
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Data Dimensions Inc)
Hazardous Material. The Company has not: (i) operated any ------------------ underground storage tanks at any property that the Company has at any time owned, operated, occupied or leased; or (ii) illegally released any material amount of any substance that has been designated by any Governmental Entity or by applicable federal, state or local law to be radioactive, toxic, hazardous or otherwise a danger to health or the environment, including, without limitation, PBS, asbestos, petroleum, and urea-formaldehyde and all substances listed as hazardous substances pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or defined as a hazardous waste pursuant to the United States Resource Conservation and Recovery Act of 1976, as amended, and the regulations promulgated pursuant to said laws (a "Hazardous Material"), but excluding office and janitorial supplies properly and ------------------ ------------------- safely maintained. No Hazardous Materials are present as a result of the deliberate actions of the Company or, to the Company's or Principal Shareholders' knowledge, as a result of any actions of any third party or otherwise, in, on or under any property, including the land and the improvements, ground water and surface water thereof, that the Company has at any time owned, operated, occupied or leased.
Appears in 1 contract
