Common use of Hazardous Wastes, Substances and Petroleum Products Clause in Contracts

Hazardous Wastes, Substances and Petroleum Products. The Borrowers received all permits and filed all notifications necessary to carry on their business; and are in compliance in all material respects with all Environmental Control Statutes. The Borrowers have not given any written or oral notice, nor have they failed to give required notice, to the Environmental Protection Agency ("EPA") or any state or local agency with regard to any actual or imminently threatened Release of Hazardous Substances on properties owned, leased or operated by them or used in connection with the conduct of their business and operations. The Borrowers have not received notice that they are potentially responsible for costs of clean-up or remediation of any actual or imminently threatened Release of Hazardous Substances pursuant to any Environmental Control Statute. To the best of the Borrowers' knowledge, no real property owned or leased by them is in violation of any Environmental Laws and no Hazardous Substances are present on said real property in violation of applicable law. The Borrowers have not received any notice to the effect that they have been identified in any litigation, administrative proceedings or investigation as a potentially responsible party for any liability under any Environmental Laws. In the event that any Borrower becomes aware of any information indicating that either (i) any real property owned or leased by any Borrower is in violation of any Environmental Laws or any Hazardous Substances are present on said real property in violation of applicable law, or (ii) any Borrower has been identified in any litigation, administrative proceedings or investigation as a potentially responsible party for liability under any Environmental Laws, then the Borrowers shall update their representations, in accordance with the requirements of Section 3.20, and the Banks shall not be required to make further Loans or Standby Letters of Credit under this Credit Facility until the Borrowers establish adequate reserves (in the reasonable judgment of the Majority Banks) for any liability (including cleanup costs) and deliver revised financial statements to the Banks showing such reserves; provided, however, that no reserve shall be required for any such liabilities to the extent that they aggregate to less than $1,000,000.

Hazardous Wastes, Substances and Petroleum Products. The Borrowers received all permits Except as disclosed to the Bank in writing (including in financial statements delivered hereunder): (a) Each of CLC and filed all notifications necessary to carry on their business; and are CLTL: (i) is in compliance in all material respects with all federal, state and local laws and regulations governing the control, removal, spill, release or discharge of hazardous or toxic wastes, substances and petroleum products, including without limitation as provided in the provisions of and the regulations promulgated under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendment and Reauthorization Act of 1986, the Solid Waste Disposal Act, as amended by the Hazardous and Solid Waste Amendments of 1984, the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1976, the Clean Air Act, the Resource Conservation and Recovery Act of 1976, the Hazardous Materials Transportation Act, the Emergency Planning and Community Right to Know Act of 1986, the National Environmental Policy Act of 1975, the Oil Pollution Credit Agreement, July 31, 1995 - 12 - Chemical Xxxxxx Tank Lines, Inc. Act of 1990 (all of the foregoing enumerated and non-enumerated statutes, including without limitation all regulations promulgated thereunder and any similar state or local statutes, as amended, collectively the "Environmental Control Statutes. The Borrowers "); and (ii) has received all permits and filed all notifications pursuant to the Environmental Control Statutes necessary to carry on its business, the absence of which could have not a Material Adverse Effect on CLTL. (b) Neither CLC nor CLTL has been given any written or oral notice, nor have they failed to give required notice, notice to the Environmental Protection Agency ("EPA") or any similar state or local agency with regard to any actual or imminently threatened Release removal, spill, release or discharge ("Release") of Hazardous Substances hazardous or toxic wastes, substances or petroleum products on properties owned, owned or leased by it or operated by them or used in connection with the conduct of their any of its business and operations. The Borrowers , where such Release is a violation of any Environmental Control Statute and such violation could have not a Material Adverse Effect on CLTL. (c) Neither CLC nor CLTL has received notice that they are it is potentially responsible for costs of clean-up or remediation of any actual or imminently threatened Release spill, release or discharge of Hazardous Substances hazardous or toxic wastes or substances or petroleum products pursuant to any Environmental Control Statute. To the best of the Borrowers' knowledge, no real property owned or leased by them is in violation of any Environmental Laws and no Hazardous Substances are present on said real property in violation of applicable law. The Borrowers have not received any notice to the effect that they have been identified in any litigation, administrative proceedings or investigation as a potentially responsible party for any liability under any Environmental Laws. In the event that any Borrower becomes aware of any information indicating that either (i) any real property owned or leased by any Borrower is in violation of any Environmental Laws or any Hazardous Substances are present on said real property in violation of applicable law, or (ii) any Borrower has been identified in any litigation, administrative proceedings or investigation as a potentially responsible party for liability under any Environmental Laws, then the Borrowers shall update their representations, in accordance with the requirements of Section 3.20, where such Release and the Banks shall not be required to make further Loans resulting liability could have a Material Adverse Effect on CLC or Standby Letters of Credit under this Credit Facility until the Borrowers establish adequate reserves (in the reasonable judgment of the Majority Banks) for any liability (including cleanup costs) and deliver revised financial statements to the Banks showing such reserves; provided, however, that no reserve shall be required for any such liabilities to the extent that they aggregate to less than $1,000,000CLTL.

Hazardous Wastes, Substances and Petroleum Products. The Borrowers Borrower received all permits and filed all notifications necessary to carry on their its business; and are is in compliance in all material respects with all Environmental Control Statutes. The Borrowers have Borrower has not given any written or oral notice, nor have they has it failed to give required notice, to the Environmental Protection Agency ("“EPA"”) or any state or local agency with regard to any actual or imminently threatened Release of Hazardous Substances on properties owned, leased or operated by them it or used in connection with the conduct of their its business and operations. The Borrowers have Borrower has not received notice that they are it is potentially responsible for costs of clean-up or remediation of any actual or imminently threatened Release of Hazardous Substances pursuant to any Environmental Control Statute. To the best of the Borrowers' Borrower’s knowledge, no real property owned or leased by them it is in violation of any Environmental Laws and no Hazardous Substances are present on said real property in violation of applicable law. The Borrowers have Borrower has not received any notice to the effect that they have it has been identified in any litigation, administrative proceedings or investigation as a potentially responsible party for any liability under any Environmental Laws. In the event that any the Borrower becomes aware of any information indicating that either (i) any real property owned or leased by any the Borrower is in violation of any Environmental Laws or any Hazardous Substances are present on said real property in violation of applicable law, or (ii) any the Borrower has been identified in any litigation, administrative proceedings or investigation as a potentially responsible party for liability under any Environmental Laws, then the Borrowers Borrower shall update their its representations, in accordance with the requirements of Section 3.20, and the Banks shall not be required to make further Loans or Standby Letters of Credit under this Credit Facility until the Borrowers establish Borrower establishes adequate reserves (in the reasonable judgment of the Majority Banks) for any liability (including cleanup costs) and deliver revised financial statements to the Banks showing such reserves; provided, however, that no reserve shall be required for any such liabilities to the extent that they aggregate to less than $1,000,000.

Hazardous Wastes, Substances and Petroleum Products. The Borrowers Borrower received all permits and filed all notifications necessary to carry on their its business; and are is in compliance in all material respects with all Environmental Control Statutes. The Borrowers have Borrower has not given any written or oral notice, nor have they has it failed to give required notice, to the Environmental Protection Agency ("“EPA"”) or any state or local agency with regard to any actual or imminently threatened Release of Hazardous Substances on properties owned, leased or operated by them it or used in connection with the conduct of their its business and operations. The Borrowers have Borrower has not received notice that they are it is potentially responsible for costs of clean-up or remediation of any actual or imminently threatened Release of Hazardous Substances pursuant to any Environmental Control Statute. To the best of the Borrowers' Borrower’s knowledge, no real property owned or leased by them it is in violation of any Environmental Laws and no Hazardous Substances are present on said real property in violation of applicable law. The Borrowers have Borrower has not received any notice to the effect that they have it has been identified in any litigation, administrative proceedings or investigation as a potentially responsible party for any liability under any Environmental Laws. In the event that any the Borrower becomes aware of any information indicating that either (i) any real property owned or leased by any the Borrower is in violation of any Environmental Laws or any Hazardous Substances are present on said real property in violation of applicable law, or (ii) any the Borrower has been identified in any litigation, administrative proceedings or investigation as a potentially responsible party for liability under any Environmental Laws, then the Borrowers Borrower shall update their its representations, in accordance with the requirements of Section 3.20, and the Banks shall not be required to make further Loans or Standby Letters of Credit under this Credit Facility Agreement until the Borrowers establish Borrower establishes adequate reserves (in the reasonable judgment of the Majority Banks) for any liability (including cleanup costs) and deliver revised financial statements to the Banks showing such reserves; provided, however, that no reserve shall be required for any such liabilities to the extent that they aggregate to less than $1,000,000.