ISRA Requirements Clause Samples
ISRA Requirements. Prior to the Closing Date, the Company shall be responsible for compliance with the requirements of ISRA applicable to this transaction relating to obtaining the necessary approvals for each property subject to ISRA that will allow this transaction to be completed. The Company shall consult with FSI with respect to its ISRA filings and strategy, including allowing FSI to comment on such filing where time permits, and shall provide copies of all correspondence to and from the DEP with respect to ISRA compliance.
ISRA Requirements. The Parties acknowledge that the facilities located in Leonia and Lyndhurst, New Jersey are subject to ISRA as in effect as of the Closing Date and the transaction contemplated by this Agreement will trigger the ISRA process for the Leonia and Lyndhurst facilities. Seller will assume and perform, at Seller’s sole cost and expense, all obligations, requirements and/or responsibilities under ISRA as in effect as of the Closing Date (including Remedial Action) which are imposed as a result of the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby (the “Seller ISRA Requirements”).
ISRA Requirements. Prior to the Closing Date, the Company shall comply with the applicable requirements of the New Jersey Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq., as amended (“ISRA”), including determining the applicability of and obtaining the necessary approvals for each property subject to ISRA that will allow the transactions contemplated hereby to be completed. The Company shall reasonably consult with Holding with respect to any required ISRA filings and strategy. The Company shall allow Holding to comment on such filings (including any environmental reports provided in connection with such filings) and the Company shall incorporate all reasonable comments provided by Holding. The Company shall provide Holding with copies of all environmental reports and all correspondence to and from the New Jersey Department of Environmental Protection with respect to ISRA compliance.
ISRA Requirements. Prior to the Effective Time, the Company shall commence compliance with the requirements of ISRA applicable to this transaction by submitting all required filings for each property subject to ISRA in order to obtain authorizations that will allow the transactions contemplated by this Agreement to be effected pursuant to N.J.S.A. 13:1K-11.2 or pursuant to N.J.S.A. 13:1K-11.5, as the case may be. If the Company is unable to obtain an ISRA authorization for any property subject to ISRA prior to the Effective Time, then the Company shall seek a letter of non-applicability (a "LNA") if, in the reasonable judgment of MergeCo and the Company, there is a reasonable probability of obtaining a LNA in order to effect the transactions contemplated by this Agreement according to the time schedule desired by MergeCo and the Company. If it is determined not to seek a LNA, or an application to seek a LNA is denied, then the Company shall obtain a Remediation Agreement with respect to such property or properties in order to allow the transactions contemplated by this Agreement to be
ISRA Requirements. Prior to the Clos- ing Date, the Company shall be responsible for compliance with the requirements of ISRA applicable to this transaction relat- ing to obtaining the necessary approvals for each property sub- ject to ISRA that will allow this transaction to be completed. The Company shall consult with FSI with respect to its ISRA filings and strategy, including allowing FSI to comment on such filing where time permits, and shall provide copies of all cor- respondence to and from the DEP with respect to ISRA compli- ance.
ISRA Requirements. Prior to the Effective Time, the Company shall commence compliance with the requirements of ISRA applicable to this transaction by submitting all required filings for each property subject to ISRA in order to obtain authorizations that will allow the transactions contemplated by this Agreement to be effected pursuant to N.J.S.A. 13:1K-11.2 or pursuant to N.J.S.A. 13:1K-11.5, as the case may be. If the Company is unable to obtain an ISRA authorization for any property subject to ISRA prior to the Effective Time, then the Company shall seek a letter of non-applicability (a "LNA") if, in the reasonable judgment of MergeCo and the Company, there is a reasonable probability of obtaining a LNA in order to effect the transactions contemplated by this Agreement according to the time schedule desired by MergeCo and the Company. If it is determined not to seek a LNA, or an application to seek a LNA is denied, then the Company shall obtain a Remediation Agreement with respect to such property or properties in order to allow the transactions contemplated by this Agreement to be effected. The Company shall consult with MergeCo with respect to its ISRA filings and strategy, including allowing MergeCo to comment on such filings, and shall provide copies of all correspondence to and from the DEP with respect to ISRA compliance. MergeCo shall cooperate with the Company in connection with the ISRA applications and filings by the Company relating to approval and allow the transactions contemplated by this Agreement to be effected in a timely manner, including, without limitation, signing any documents reasonably requested by the Company and providing any information within the possession, custody or control of MergeCo.
ISRA Requirements. 53 SECTION 5.12 Reports.........................................................53 SECTION 5.13 Stockholders' Meeting...........................................54 SECTION 5.14
ISRA Requirements. 39.01 The Landlord will not obtain an ISRA Certificate of Non-Applicability, or any other similar certificate. Should such a certificate be required for any reason, the Tenant will assume the Landlord's duty to obtain that certificate. In the event that during the term of this Lease, there shall result in a determination that DEP, or ISRA, or similar compliance is required, the Tenant shall immediately undertake the compliance and cure and thereafter apply to ISRA, or any similar agency, for a Letter of Non-Applicability or other determination that the ISRA requirements have been satisfied, and the Tenant will complete all requirements at its own expense. At the termination of this Lease, the Tenant shall forthwith obtain a determination from ISRA or any similar or replacement requirement, that all matters regarding ISRA or any substitute statute or rule or regulation, whether State or Federal, which may take the place of ISRA or which may otherwise be applicable at that time, whether contemplated or not, have been complied with by the Tenant and the Tenant will cure and repair any defect, damage or other default found, whether or not caused by reason of Tenant's operation or use of The Premises, for it is the intention of the parties that the Landlord shall not be subject to any risk, liability, cost or expense by reason thereof.