Common use of Hazardous Materials, Etc Clause in Contracts

Hazardous Materials, Etc. A reasonable basis shall exist for the assertion against the Borrower or any of its Subsidiaries, or any predecessor in interest of the Borrower or any of its Subsidiaries, as applicable, of (or there shall have been asserted against such Obligor or such Subsidiary, as applicable,) any Claims, whether accrued, absolute or contingent, based on or arising from the generation, storage, transport, handling or disposal of Hazardous Material by the Borrower or any such Subsidiary, as applicable, or predecessors that are reasonably likely to be determined adversely to the Borrower or any such Subsidiary, as applicable, and the amount thereof could, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect (insofar as such amount is payable by the Borrower or any such Subsidiary, as applicable, but after deducting any portion thereof that is reasonably expected to be paid by insurance or other creditworthy Persons jointly and severally liable therefor).

Hazardous Materials, Etc. A reasonable basis shall exist for the assertion against the Borrower Parent Guarantor or any of its Subsidiaries, or any predecessor in interest of the Borrower Parent Guarantor or any of its Subsidiaries, as applicable, of (or there shall have been asserted against such Obligor or such Subsidiary, as applicable,) any Claims, whether accrued, absolute or contingent, based on or arising from the generation, storage, transport, handling or disposal of Hazardous Material by the Borrower Parent Guarantor or any such Subsidiary, as applicable, or predecessors that are reasonably likely to be determined adversely to the Borrower Parent Guarantor or any such Subsidiary, as applicable, and the amount thereof could, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect (insofar as such amount is payable by the Borrower Parent Guarantor or any such Subsidiary, as applicable, but after deducting any portion thereof that is reasonably expected to be paid by insurance or other creditworthy Persons jointly and severally liable therefor).;