Common use of Hazardous Wastes and Substances Clause in Contracts

Hazardous Wastes and Substances. Neither the operations of Seller nor the use of its assets violates any applicable federal, state or local law, statute, ordinance, rule, regulation, memorandum of understanding, order or notice requirement pertaining to the collection, transportation, storage, treatment, discharge, release or disposal of hazardous or non-hazardous waste or substances, including without limitation (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C, xx.xx. 9601 et seq.), as amended from time to time on or before the Closing Date ("CERCLA") (including, without limitation, as amended pursuant to the Superfund Amendments and Reauthorization Act of 1986), and such regulations promulgated under CERCLA on or before the Closing Date, (ii) the Resources Conservation and Recovery Act of 1976 (42 U.S.C. xx.xx. 6901 et seq.), as amended from time to time ("RCRA") on or before the Closing Date, and such regulations promulgated under RCRA, (iii) any applicable federal, state or local laws or regulations relating to the environment in effect on the Closing Date (collectively, the "Applicable Environmental Laws"). Except as disclosed on Schedule 2.24, none of the operations of Seller has ever been conducted nor have any of its assets been used in such a manner as to constitute a violation of any of the Applicable Environmental Laws. No notice has been served on Seller by any person or Governmental Entity regarding any existing, pending or threatened investigation or inquiry related to violations under any Applicable Environmental Law, or regarding any claims for corrective action, remedial obligations or contribution for removal costs or damages under any Applicable Environmental Law, or regarding the designation of Seller or any of its affiliates as a potentially responsible party for any facility under the Applicable Environmental Laws, nor does any fact or circumstance exist which, if disclosed publicly, would be reasonably likely to result in the service on Seller of any such notice. There has been no action taken, or omitted to be taken by Seller which has caused, or would be reasonably likely to cause, a "release" of any "hazardous substance" at any "facility," without limitation, within the meaning of such terms as defined in the Applicable Environmental Laws.

Hazardous Wastes and Substances. Neither Except as set forth in the Company SEC Documents, neither the operations of Seller either the Company or of any Subsidiary of the Company, nor the use of its such Person's assets violates any applicable federal, state or local law, statute, ordinance, rule, regulation, memorandum of understanding, order or notice requirement pertaining to the collection, transportation, storage, treatment, discharge, release or disposal of hazardous or non-hazardous waste or substances, including without limitation (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C, xx.xxU.S.C. ss.ss. 9601 et seqET XXX.), as amended from time to time on or before the Closing Date ("CERCLA") (including, without limitation, as amended pursuant to the Superfund Amendments and Reauthorization Act of 1986), and such regulations promulgated under CERCLA on or before the Closing Dateeffective date of this Agreement, (ii) the Resources Conservation and Recovery Act of 1976 (42 U.S.C. xx.xxss.ss. 6901 et seqET XXX.), as amended from time to time ("RCRA") on or before the Closing Dateeffective date of this Agreement, and such regulations promulgated under RCRA, (iii) any applicable federal, state or local laws or regulations relating to the environment in effect on the Closing Date effective date of this Agreement (collectively, the "Applicable Environmental Laws"), which violation would have a Material Effect. Except as disclosed on Schedule 2.24set forth in the Company SEC Documents, to the best of the Company's knowledge, none of the operations of Seller the Company or any Subsidiary has ever been conducted nor have any of its such Person's assets been used in such a manner as to constitute a violation of any of the Applicable Environmental Laws, which violation would have a Material Effect. No Except as set forth in the Company SEC Documents, to the best of the Company's Knowledge, no notice has been served on Seller the Company or any Subsidiary by any person or Governmental Entity regarding any existing, pending or threatened investigation or inquiry related to violations under any Applicable Environmental Law, which violation or claims could have a Material Effect, or regarding any claims for corrective action, remedial obligations or contribution for removal costs or damages under any Applicable Environmental Law, Law or regarding the designation of Seller the Company or any of its affiliates Subsidiaries as a potentially responsible party for any facility under the Applicable Environmental Laws, nor does any fact or circumstance exist which, if disclosed publicly, would be reasonably likely to result in the service on Seller either the Company or any Subsidiary of any such notice. There Except as set forth on the Company SEC Documents, there has been no action taken, or omitted to be taken by Seller the Company or its Subsidiaries which has caused, or would be reasonably likely to cause, a "release" of any "hazardous substance" at any "facility," ", without limitation, within the meaning of such terms as defined in the Applicable Environmental Laws.

Hazardous Wastes and Substances. Neither the operations of Seller Borrower nor the use of its assets violates any applicable federal, state or local law, statute, ordinance, rule, regulation, memorandum of understanding, order or notice requirement pertaining to the collection, transportation, storage, treatment, discharge, release or disposal of hazardous or non-hazardous waste or substances, including without limitation (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C, xx.xx. Sections 9601 et seqET SEQ.), as amended from time to time on or before the Closing Date ("CERCLA") (including, without limitation, as amended pursuant to the Superfund Amendments and Reauthorization Act of 1986), and such regulations promulgated under CERCLA on or before the Closing Date, (ii) the Resources Conservation and Recovery Act of 1976 (42 U.S.C. xx.xx. Sections 6901 et seqET SEQ.), as amended from time to time ("RCRA") on or before the Closing Date, and such regulations promulgated under RCRA, or (iii) any applicable federal, state or local laws or regulations relating to the environment in effect or on the Closing Date (collectively, the "Applicable Environmental Laws"). Except as disclosed on Schedule 2.24, none None of the operations of Seller Borrower has ever been conducted nor have any of its assets been used in such a manner as to constitute a violation of any of the Applicable Environmental Laws. No notice has been served on Seller Borrower by any person or Governmental Entity regarding any existing, pending or threatened investigation or inquiry related to violations under any Applicable Environmental Law, or regarding any claims for corrective action, remedial obligations or contribution for removal costs or damages under any Applicable Environmental Law, or regarding the designation of Seller Borrower or any of its affiliates as a potentially responsible party for any facility under the Applicable Environmental Laws, nor does any fact or circumstance exist which, if disclosed publicly, would be reasonably likely to result in the service on Seller Borrower of any such notice. There has been no action taken, or omitted to be taken by Seller Borrower which has caused, or would be reasonably likely to cause, a "release" of any "hazardous substance" at any "facility," without limitation, within the meaning of such terms as defined in the Applicable Environmental Laws.

Hazardous Wastes and Substances. Neither Except as set forth in the Seller SEC Documents, to the best of Seller's knowledge neither the operations of either the Seller or of any Subsidiary of the Seller, nor the use of its such Person's assets violates any applicable federal, state or local law, statute, ordinance, rule, regulation, memorandum of understanding, order or notice requirement pertaining to the collection, transportation, storage, treatment, discharge, release or disposal of hazardous or non-hazardous waste or substances, including without limitation (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C, xx.xxU.S.C. ss.ss. 9601 et seqET SEQ.), as amended xxxxxed from time to time on or before the Closing Date ("CERCLA") (including, without limitation, as amended pursuant to the Superfund Amendments and Reauthorization Act of 1986), and such regulations promulgated under CERCLA on or before the Closing Date, (ii) the Resources Conservation and Recovery Act of 1976 (42 U.S.C. xx.xxss.ss. 6901 et seqET SEQ.), as amended xxxxxed from time to time ("RCRA") on or before the Closing Date, and such regulations promulgated under RCRA, (iii) any applicable federal, state or local laws or regulations relating to the environment in effect on the Closing Date (collectively, the "Applicable Environmental Laws"), which violation would have a Material Effect on the Seller or its Subsidiaries. Except as set forth in the Seller SEC Documents or otherwise disclosed on Schedule 2.24in the Seller's Form 10-K for the periods ending 1992 through 1996 to the best of the Seller's knowledge, none of the operations of the Seller or any Subsidiary has ever been conducted nor have any of its such Person's assets been used in such a manner as to constitute a violation of any of the Applicable Environmental Laws, which violation would have a Material Effect on the Seller or its Subsidiaries. No Except as set forth in the Seller SEC Documents, to the best of Seller's Knowledge, no notice has been served on the Seller or any Subsidiary by any person or Governmental Entity regarding any existing, pending or threatened investigation or inquiry related to violations under any Applicable Environmental Law, which violation or claims could have a Material Effect on the Seller or its Subsidiaries, or regarding any claims for corrective action, remedial obligations or contribution for removal costs or damages under any Applicable Environmental Law, Law or regarding the designation of the Seller or any of its affiliates Subsidiaries as a potentially responsible party for any facility under the Applicable Environmental LawsLaws which violations or claims could have a Material Effect on the Seller or its Subsidiaries, nor nor, does any fact or circumstance exist which, if disclosed publicly, would be reasonably likely to result in the service on either the Seller or any Subsidiary of any such notice. There Except as set forth on the Seller SEC Documents, to the best of Seller's knowledge there has been no action taken, or omitted to be taken by the Seller or its Subsidiaries which has caused, or would be reasonably likely to cause, a "release" of any "hazardous substance" at any "facility," ", without limitation, within the meaning of such terms as defined in the Applicable Environmental Laws.

Hazardous Wastes and Substances. Neither the operations of Seller nor the use of its assets violates any applicable federal, state or local law, statute, ordinance, rule, regulation, memorandum of understanding, order or notice requirement pertaining to the collection, transportation, storage, treatment, discharge, release or disposal of hazardous or non-hazardous waste or substances, including without limitation (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C, xx.xx. 9601 et seq.), as amended from time to time on or before the Closing Date ("CERCLA") (including, without limitation, as amended pursuant to the Superfund Amendments and Reauthorization Act of 1986), and such regulations promulgated under CERCLA on or before the Closing Date, (ii) the Resources Conservation and Recovery Act of 1976 (42 U.S.C. xx.xx. 6901 et seq.), as amended from time to time ("RCRA") on or before the Closing Date, and such regulations promulgated under RCRA, (iii) any applicable federal, state or local laws or regulations relating to the environment in effect on the Closing Date (collectively, the "Applicable Environmental Laws"). Except as disclosed on Schedule 2.242.23, none of the operations of Seller has ever been conducted nor have any of its assets been used in such a manner as to constitute a violation of any of the Applicable Environmental Laws. No notice has been served on Seller by any person or Governmental Entity regarding any existing, pending or threatened investigation or inquiry related to violations under any Applicable Environmental Law, or regarding any claims for corrective action, remedial obligations or contribution for removal costs or damages under any Applicable Environmental Law, or regarding the designation of Seller or any of its affiliates as a potentially responsible party for any facility under the Applicable Environmental Laws, nor does any fact or circumstance exist which, if disclosed publicly, would be reasonably likely to result in the service on Seller of any such notice. There has been no action taken, or omitted to be taken by Seller which has caused, or would be reasonably likely to cause, a "release" of any "hazardous substance" at any "facility," without limitation, within the meaning of such terms as defined in the Applicable Environmental Laws.

Hazardous Wastes and Substances. Neither To the best of Seller's knowledge after reasonable investigation, neither the operations of Seller nor the use of its assets violates any applicable federal, state or local law, statute, ordinance, rule, regulation, memorandum of understanding, order or notice requirement pertaining to the collection, transportation, storage, treatment, discharge, release or disposal of hazardous or non-hazardous waste or substances, including without limitation (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C, xx.xx. U.S.C. Sections 9601 et seqET SEQ.), as amended from time to time on or before the Closing Date ("CERCLA") (including, without limitation, as amended pursuant to the Superfund Amendments and Reauthorization Act of 1986), and such regulations promulgated under CERCLA on or before the Closing Date, (ii) the Resources Conservation and Recovery Act of 1976 (42 U.S.C. xx.xx. Sections 6901 et seqET SEQ.), as amended from time to time ("RCRA") on or before the Closing Date, and such regulations promulgated under RCRA, (iii) any applicable federal, state or local laws or regulations relating to the environment in effect on the Closing Date (collectively, the "Applicable Environmental Laws"). Except as disclosed on Schedule 2.24To the best of Seller's knowledge after reasonable investigation, none of the operations of Seller has ever been conducted nor have any of its assets been used in such a manner as to constitute a violation of any of the Applicable Environmental Laws. No To the best of Seller's knowledge after reasonable investigation, no notice has been served on Seller by any person or Governmental Entity regarding any existing, pending or threatened investigation or inquiry related to violations under any Applicable Environmental Law, or regarding any claims for corrective action, remedial obligations or contribution for removal costs or damages under any Applicable Environmental Law, Law or regarding the designation of Seller or any of its affiliates as a potentially responsible party for any facility under the Applicable Environmental Laws, nor nor, to the best of Seller's knowledge after reasonable investigation, does any fact or circumstance exist which, if disclosed publicly, would be reasonably likely to result in the service on Seller of any such notice. There To the best of Seller's knowledge after reasonable investigation, there has been no action taken, or omitted to be taken by Seller which has caused, or would be reasonably likely to cause, a "release" of any "hazardous substance" at any "facility," ", without limitation, within the meaning of such terms as defined in the Applicable Environmental Laws.