Common use of Hazardous Waste and Substances; Environmental Requirements Clause in Contracts

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 11.2 and of the Security Documents, each Loan Party will, and will cause each of its Subsidiaries to, (i) comply with all Environmental Laws and all Applicable Laws relating to occupational health and safety (except for instances of noncompliance that would not reasonably be expected to have a Materially Adverse Effect and that are being contested in good faith by appropriate proceedings if reserves in respect of reasonably anticipated liability therefor have been appropriately established), (ii) promptly notify Agent of its receipt of any notice of a violation of any such Environmental Laws or such other Applicable Laws that would reasonably be expected to have a Materially Adverse Effect and (iii) indemnify and hold each Credit Party harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon any Credit Party on account of failure to perform its obligations under this SECTION 11.9. (b) Whenever any Loan Party or any of its Subsidiaries gives notice to Agent pursuant to SECTION 11.9(a)(ii) with respect to any matter that reasonably could be expected to result in liability to any Loan Party in excess of $10,000,000 in the aggregate, such Loan Party will, or will cause such Subsidiary to, at Agent's request and at such Loan Party's or such Subsidiary's expense, (i) cause an independent credentialed environmental engineer acceptable to Agent to conduct an assessment meeting all requirements of Agent and Applicable Law, including tests where necessary, feasible and appropriate of the site where the noncompliance or alleged noncompliance with Environmental Law has occurred and prepare and deliver to Agent a report setting forth the results of such assessment, a proposed plan to bring such Loan Party into compliance with such Environmental Law (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (iii) provide to Agent a supplemental report of such engineer whenever the scope of the noncompliance, or the response thereto or the estimated costs thereof, shall materially adversely change.

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 11.2 10.2 and of the Security Documents, each Loan Party will, and will cause each of its Subsidiaries to, (i) comply in all material respects with all Environmental Laws and all Applicable Laws relating to occupational health and safety (except for instances of noncompliance that would not reasonably be expected to have a Materially Adverse Effect and that are being contested in good faith by appropriate proceedings if reserves in respect of such Borrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately established), (ii) promptly notify the Administrative Agent of its receipt of any written notice of a violation of any such Environmental Laws or other such other Applicable Laws that would reasonably be expected to have a Materially Adverse Effect and (iii) indemnify and hold each Credit Party the Administrative Agent and the Lenders harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Administrative Agent or any Credit Party Lender on account of such Borrower's failure to perform its obligations under this SECTION 11.910.9. (b) Whenever any Loan Party or any of its Subsidiaries a Borrower gives notice to the Administrative Agent pursuant to this SECTION 11.9(a)(ii) 10.9 or otherwise with respect to any a matter that reasonably could be expected to result in material liability to such Borrower or any Loan Party in excess of $10,000,000 in Subsidiary under any Environmental Law, the aggregate, such Loan Party will, or will cause such Subsidiary toBorrowers shall, at the Administrative Agent's request and at such Loan Party's or such Subsidiary's expense, the Borrowers' expense (i) cause an independent credentialed environmental engineer acceptable to the Administrative Agent in its reasonable judgment to conduct an assessment meeting all requirements of Agent and Applicable Lawassessment, including tests where necessary, feasible and appropriate of the site where the noncompliance or alleged noncompliance with Environmental Law Laws has occurred and prepare and deliver to the Administrative Agent a report setting forth the results of such assessment, a proposed plan plan, if feasible, to bring such Loan Party Borrower (or such Subsidiary) into compliance with such Environmental Law Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (iiiii) provide to the Administrative Agent a supplemental report of such engineer whenever the scope of the noncompliance, or the response thereto or the estimated costs thereof, shall materially adversely change.

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION 11.2 Section 10.2 and of the Security Documents, each Loan Party will, and will cause each of its Subsidiaries to, (i) comply in all material respects with all applicable Environmental Laws and all Applicable Laws relating to occupational health and safety (except for instances of noncompliance that would not reasonably be expected to have a Materially Adverse Effect and that are being contested in good faith by appropriate proceedings if reserves in respect of the Borrower's or such Subsidiary's reasonably anticipated liability therefor have been appropriately establishedestablished and would be required by GAAP), (ii) promptly notify the Collateral Agent and the Lenders of its receipt of any notice of a material violation of any such Environmental Laws or other such other Applicable Laws that would reasonably be expected to have a Materially Adverse Effect and (iii) indemnify and hold each Credit Party the Collateral Agent and the Lenders harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon the Collateral Agent or any Credit Party Lender on account of the Borrower's failure to perform its obligations under this SECTION 11.9Section 10.9. (b) Whenever any Loan Party or any of its Subsidiaries the Borrower gives notice to the Collateral Agent and the Lenders pursuant to SECTION 11.9(a)(ii) this Section 10.9 with respect to any a matter that reasonably could be expected to result in liability to any Loan Party the Borrower or such Subsidiary in excess of $10,000,000 500,000 in the aggregate, such Loan Party will, or will cause such Subsidiary tothe Borrower shall, at the Collateral Agent's or the Lenders' request and at such Loan Party's or such Subsidiarythe Borrower's expense, (i) cause an independent credentialed environmental engineer acceptable to the Collateral Agent to conduct an assessment meeting all requirements of Agent and Applicable Lawassessment, including tests where necessary, feasible and appropriate of the site where the noncompliance or alleged noncompliance with Environmental Law Laws has occurred and prepare and deliver to the Collateral Agent and the Lenders a report setting forth the results of such assessment, a proposed plan to bring the Borrower or such Loan Party Subsidiary into compliance with such Environmental Law Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (iiiii) provide to the Collateral Agent and the Lenders a supplemental report of such engineer whenever the scope of the noncompliance, or the response thereto or the estimated costs thereof, shall materially adversely change.

Hazardous Waste and Substances; Environmental Requirements. (a) In addition to, and not in derogation of, the requirements of SECTION Section 11.2 and of the Security Documents, each Loan Party Borrower will, and will cause each of its Subsidiaries to, (i) comply with all Environmental Laws and all Applicable Laws relating to occupational health and safety (except for instances of noncompliance that would not reasonably be expected to have a Materially Adverse Effect and that are being contested in good faith by appropriate proceedings if reserves in respect of Borrower's or any such Subsidiary's reasonably anticipated liability therefor have been appropriately established), (ii) promptly notify Agent of its receipt of any notice of a violation of any such Environmental Laws or such other Applicable Laws that would reasonably be expected to have a Materially Adverse Effect and (iii) indemnify and hold each Credit Party Agent and the Lenders harmless from all loss, cost, damage, liability, claim and expense incurred by or imposed upon Agent or any Credit Party Lender on account of Borrower's failure to perform its obligations under this SECTION Section 11.9. (b) Whenever any Loan Party or any of its Subsidiaries Borrower gives notice to Agent pursuant to SECTION 11.9(a)(ii) this Section 11.9 with respect to any a matter that reasonably could be expected to result in liability to Borrower or any Loan Party of its Subsidiaries in excess of Fifty Thousand Dollars ($10,000,000 50,000) in the aggregate, such Loan Party will, or will cause such Subsidiary toBorrower shall, at Agent's request and at such Loan Party's or such SubsidiaryBorrower's expense, (i) cause an independent credentialed environmental engineer acceptable to Agent to conduct an assessment meeting all requirements of Agent and Applicable Lawassessment, including tests where necessary, feasible and appropriate of the site where the noncompliance or alleged noncompliance with Environmental Law Laws has occurred and prepare and deliver to Agent a report setting forth the results of such assessment, a proposed plan to bring such Loan Party Borrower into compliance with such Environmental Law Laws (if such assessment indicates noncompliance) and an estimate of the costs thereof, and (iiiii) provide to Agent a supplemental report of such engineer whenever the scope of the noncompliance, or the response thereto or the estimated costs thereof, shall materially adversely change.