Common use of Hazardous Materials Activities Clause in Contracts

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS (in any individual case or in the aggregate), (i) neither MCS nor any of its subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") in violation of any law in effect on or before the Closing Date, and (ii) neither MCS nor any of its subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials Activities") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely expected to result in a material liability to MCS (in any individual case or in the aggregate), Company: (i) neither MCS the Company nor any of its subsidiaries Subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees Employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") Materials in violation of any law in effect on or before the Closing Date, ; and (ii) neither MCS the Company nor any of its subsidiaries Subsidiaries has disposed of, transported, arranged for transport or disposal of, sold, used, released, exposed its employees Employees or others to or manufactured any product containing a Hazardous Material (collectively, "“Hazardous Materials Activities"”) in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as reasonably would not reasonably ------------------------------ be likely to result in a material liability to MCS Company (in any individual case or in the aggregate), ) (i) neither MCS Company nor any of its subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") Materials in violation of any law in effect on or before the Closing Date, and (ii) neither MCS Company nor any of its subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, collectively "Hazardous Materials ActivitiesHAZARDOUS MATERIALS ACTIVITIES") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS (in any individual case not, individually or in the aggregate), result in a Material Adverse Effect on the Company: (i) neither MCS the Company nor any of its subsidiaries Subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") Materials in violation of or in a manner which would result in liability pursuant to, any law Legal Requirement in effect on or before the Closing Date, Date and (ii) neither MCS the Company nor any of its subsidiaries Subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials ActivitiesHAZARDOUS MATERIALS ACTIVITIES") in violation of or in a manner which would result in liability pursuant to any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material ActivityLegal Requirement.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS the Company (in any individual case or in the aggregate), (i) neither MCS the Company nor any of its subsidiaries Subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("“Hazardous Materials"”) in violation of any law in effect on or before the Closing Date, and (ii) neither MCS Company nor any of its subsidiaries Subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "“Hazardous Materials Activities"”) in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not be reasonably ------------------------------ be likely expected to result in have a material liability to MCS Material Adverse Effect on Company (in any individual case or in the aggregate), ) (i) neither MCS Company nor any of its subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees Employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") Materials in violation of any law in effect on or before the Closing Date, and (ii) neither MCS Company nor any of its subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, collectively "Hazardous Materials ActivitiesHAZARDOUS MATERIALS ACTIVITIES") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably be ------------------------------ be likely to result in a material liability Material Adverse Effect to MCS Company (in any individual case or in the aggregate), (i) neither MCS Company nor any of its subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") in violation of any law in effect on or before the Closing Date, and (ii) neither MCS Company nor any of its subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials Activities") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably be ------------------------------ be likely to result in a material liability to MCS Company (in any individual case or in the aggregate), (i) neither MCS Company nor any of its subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") in violation of any law in effect on or before the Closing Date, and (ii) neither MCS Company nor any of its subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials Activities") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS FlexSCAN (in any individual case or in the aggregate), (i) neither MCS FlexSCAN nor any of its subsidiaries Subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") in violation of any law in effect on or before the Closing Date, and (ii) neither MCS FlexSCAN nor any of its subsidiaries Subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials Activities") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS Company (in any individual case or in the aggregate), (i) neither MCS Company nor any of its subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous MaterialsHAZARDOUS MATERIALS") in violation of any law in effect on or before the Closing Date, and (ii) neither MCS Company nor any of its subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials ActivitiesHAZARDOUS MATERIALS ACTIVITIES") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS (in any individual case or in To the aggregate)Company's Knowledge, (i) neither MCS the Company nor any of its subsidiaries Subsidiaries has transported, stored, used, manufactured, emitted, disposed of, of released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") in violation of any law in effect on or before the Closing Date, and (ii) neither MCS the Company nor any of its subsidiaries Subsidiaries has disposed of, transported, sold, used, emitted, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials ActivitiesHAZARDOUS MATERIALS ACTIVITIES") ), in each case in violation of any rule, regulation, treaty or statute Legal Requirement promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably result ------------------------------ be likely to result in a material liability to MCS the Company (in any individual case or in the aggregate), ) (i) neither MCS the Company nor any of its subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") Materials in violation of any law in effect on or before the Closing Date, and (ii) neither MCS the Company nor any of its subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, collectively "Hazardous Materials Activities") in ------------------------------ violation of -30- any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS an Aster Material Adverse Effect (in any individual case or in the aggregate), (i) neither MCS nor any of its subsidiaries Aster has not transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("“Hazardous Materials"”) in violation of any law in effect on or before the Closing Date, and (ii) neither MCS nor any of its subsidiaries Aster has not disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "“Hazardous Materials Activities"”) in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS (in any individual case or in Neither the aggregate), (i) neither MCS Company nor any of its ------------------------------ subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") Materials in violation of any law in effect on or before the Closing Date, and (ii) neither MCS nor has the Company or any of its subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, collectively "Hazardous Materials Activities") in violation of any ------------------------------ rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity, except where such violation would not have a Material Adverse Effect.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS Lev (in any individual case or in the aggregate), (i) neither MCS Lev nor any of its subsidiaries Subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") in violation of any law in effect on or before the Closing Date, and (ii) neither MCS Lev nor any of its subsidiaries Subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to t or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials Activities") -------------------------------------------------------------------------------- 15 in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS Synergy (in any individual case or in the aggregate), (i) neither MCS Synergy nor any of its subsidiaries Subsidiaries has transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("Hazardous Materials") in violation of any law in effect on or before the Closing Date, and (ii) neither MCS Synergy nor any of its subsidiaries Subsidiaries has disposed of, transported, sold, used, released, exposed its employees or others to t or manufactured any product containing a Hazardous Material (collectively, "Hazardous Materials Activities") in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.

Hazardous Materials Activities. Except as would not reasonably ------------------------------ be likely to result in a material liability to MCS an Etherogen Material Adverse Effect (in any individual case or in the aggregate), (i) neither MCS nor any of its subsidiaries Etherogen has not transported, stored, used, manufactured, disposed of, released or exposed its employees or others to pollutants, contaminants, wastes, any toxic, radioactive or otherwise hazardous materials ("“Hazardous Materials"”) in violation of any law in effect on or before the Closing Date, and (ii) neither MCS nor any of its subsidiaries Etherogen has not disposed of, transported, sold, used, released, exposed its employees or others to or manufactured any product containing a Hazardous Material (collectively, "“Hazardous Materials Activities"”) in violation of any rule, regulation, treaty or statute promulgated by any Governmental Entity in effect prior to or as of the date hereof to prohibit, regulate or control Hazardous Materials or any Hazardous Material Activity.