NOTICE OF CERTAIN EVENTS CONCERNING INSURANCE AND ENVIRONMENTAL CLAIMS. (a) The Borrowers will provide the Lenders and the Agents with written notice as to any material cancellation or material adverse change in any insurance of any of the Borrowers within ten (10) Business Days after such Borrower's receipt of any notice (whether formal or informal) of such material cancellation or material change by any of its insurers. (b) The Borrowers will promptly notify the Lenders and the Agents in writing of any of the following events: (i) upon any Borrower's obtaining knowledge of any violation of any Environmental Law which violation could have a material adverse effect on the business, financial condition, or assets of the Borrowers on a consolidated basis; (ii) upon any Borrower's obtaining knowledge of any potential or known Release, or threat of Release, of any Hazardous Substance at, from, or into the Real Property which could materially affect the business, financial condition, or assets of the Borrowers on a consolidated basis; (iii) upon any Borrower's receipt of any notice of any material violation of any Environmental Law or of any Release or threatened Release of Hazardous Substances, including a notice or claim of liability or potential responsibility from any third party (including any federal, state, provincial, territorial or local governmental officials) and including notice of any formal inquiry, proceeding, demand, investigation or other action with regard to (A) any Borrower's or any Person's operation of the Real Property, (B) the presence or Release of Hazardous Substances on, from, or into the Real Property, or (C) investigation or remediation of offsite locations at which any Borrower or its predecessors are alleged to have directly or indirectly Released Hazardous Substances, and with respect to which the liability associated therewith could be reasonably expected to exceed $2,500,000; or (iv) upon any Borrower's obtaining knowledge that any expense or loss which individually or in the aggregate exceeds $1,000,000 has been incurred by such governmental authority in connection with the assessment, containment, removal or remediation of any Hazardous Substances with respect to which any Borrower may be liable or for which a lien may be imposed on the Real Property.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc)
NOTICE OF CERTAIN EVENTS CONCERNING INSURANCE AND ENVIRONMENTAL CLAIMS. (a) The Borrowers Borrower will provide the Lenders and the Agents Banks with written notice as to any material cancellation or material adverse change in any insurance of the Borrower or any of the Borrowers its Material Subsidiaries within ten (10) Business Days after such the Borrower's or any of its Material Subsidiary's receipt of any notice (whether formal or informal) of such material cancellation or material change by any of its insurers.
(b) The Borrowers Borrower will promptly promptly, and in any event within ten (10) Business Days of the Borrower's obtaining knowledge thereof, notify the Lenders and the Agents Banks in writing of any of the following events:
(i) upon the Borrower's or any BorrowerMaterial Subsidiary's obtaining knowledge of any violation of any Environmental Law regarding the Real Property or the Borrower's or any Subsidiary's operations which violation could reasonably be expected to have a material adverse effect on the business, financial condition, or assets of the Borrowers on a consolidated basisMaterial Adverse Effect;
(ii) upon the Borrower's or any BorrowerMaterial Subsidiary's obtaining knowledge of any potential or known Release, or threat of Release, of any Hazardous Substance at, from, or into the Real Property which could materially affect the business, financial condition, or assets of the Borrowers on reasonably be expected to have a consolidated basisMaterial Adverse Effect;
(iii) upon the Borrower's or any BorrowerMaterial Subsidiary's receipt of any notice of any material violation of any Environmental Law or of any Release or threatened Release of Hazardous Substances, including a notice or claim of liability or potential responsibility from any third party (including any federal, state, provincial, territorial or local governmental officials) and including notice of any formal inquiry, proceeding, demand, investigation or other action with regard to (A) the Borrower's, any BorrowerMaterial Subsidiary's or any Person's operation of the Real Property, (B) the presence or Release of Hazardous Substances contamination on, from, or into the Real Property, or (C) investigation or remediation of offsite locations at which the Borrower, any Borrower Material Subsidiary, or its predecessors are alleged to have directly or indirectly Released Disposed of Hazardous Substances, and with respect to which the asserted, demanded or alleged liability associated therewith could be reasonably expected to exceed exceeds $2,500,00035,000,000; or
(iv) upon the Borrower's or any BorrowerMaterial Subsidiary's obtaining knowledge that any expense or loss which individually or in the aggregate exceeds $1,000,000 35,000,000 has been incurred by such governmental authority in connection with the assessment, containment, removal or remediation of any Hazardous Substances with respect to which the Borrower or any Borrower may Material Subsidiary has 58 -52- been alleged to be liable by such governmental authority or for which a lien Lien may be imposed on the Real PropertyProperty by such governmental authority.
Appears in 1 contract
NOTICE OF CERTAIN EVENTS CONCERNING INSURANCE AND ENVIRONMENTAL CLAIMS. (a) The Borrowers Borrower will provide the Lenders and the Agents Banks with written notice as to any material cancellation or material adverse change in any insurance of the Borrower or any of the Borrowers its Subsidiaries within ten (10) Business Days after such the Borrower's or any of its Subsidiary's receipt of any notice (whether formal or informal) of such material cancellation or material change by any of its insurers.
(b) The Borrowers Borrower will promptly notify the Lenders and the Agents Banks in writing of any of the following events:
(i) upon the Borrower's or any BorrowerSubsidiary's obtaining knowledge of any violation of any Environmental Law regarding the Real Property or the Borrower's or any Subsidiary's operations which violation could have a material adverse effect on the business, financial condition, or assets of the Borrowers Borrower and its Subsidiaries on a consolidated basis;
(ii) upon the Borrower's or any BorrowerSubsidiary's obtaining knowledge of any potential or known Release, or threat of Release, of any Hazardous Substance at, from, or into the Real Property which could materially affect the business, financial condition, or assets of the Borrowers Borrower and its Subsidiaries on a consolidated basis;
(iii) upon the Borrower's or any BorrowerSubsidiary's receipt of any notice of any material violation of any Environmental Law or of any Release or threatened Release of Hazardous Substances, including a notice or claim of liability or potential responsibility from any third party (including any federal, state, provincial, territorial or local 63 -57- governmental officials) and including notice of any formal inquiry, proceeding, demand, investigation or other action with regard to (A) the Borrower's, any BorrowerSubsidiary's or any Person's operation of the Real Property, (B) the presence or Release of Hazardous Substances contamination on, from, or into the Real Property, or (C) investigation or remediation of offsite locations at which the Borrower, any Borrower Subsidiary, or its predecessors are alleged to have directly or indirectly Released Disposed of Hazardous Substances, and with respect to which the liability associated therewith could be reasonably expected to exceed $2,500,00010,000,000; or
(iv) upon the Borrower's or any BorrowerSubsidiary's obtaining knowledge that any expense or loss which individually or in the aggregate exceeds $1,000,000 10,000,000 has been incurred by such governmental authority in connection with the assessment, containment, removal or remediation of any Hazardous Substances with respect to which the Borrower or any Borrower Subsidiary may be liable or for which a lien may be imposed on the Real Property.
Appears in 1 contract
Samples: Revolving Credit Agreement (Usa Waste Services Inc)
NOTICE OF CERTAIN EVENTS CONCERNING INSURANCE AND ENVIRONMENTAL CLAIMS. (a) The Borrowers will provide the Lenders and the Agents Banks with written notice as to any material cancellation or material adverse change in any insurance of any of the Borrowers within ten (10) Business Days after such Borrower's the Borrowers’ receipt of any notice (whether formal or informal) of such material cancellation or material change by any of its their insurers.
(b) The Borrowers will promptly notify the Lenders and the Agents Banks in writing of any of the following events:
(i1) upon any Borrower's Borrower obtaining knowledge of any violation of any Environmental Law regarding the Real Property or any Borrower’s operations, which violation could have a material adverse effect on the business, financial condition, Real Property or assets of the Borrowers on a consolidated basissuch Borrower’s operations;
(ii2) upon any Borrower's Borrower obtaining knowledge of any potential or known Release, Release or threat of Release, Release of any Hazardous Substance at, from, or into the Real Property which any Borrower reports in writing or is reportable by it in writing to any governmental authority and which is material in amount or nature or which could materially affect the business, financial condition, or assets value of the Borrowers on a consolidated basisReal Property;
(iii3) upon any Borrower's ’s receipt of any notice of any material violation of any Environmental Law Laws or of any Release or threatened Release of Hazardous Substances, including a notice or claim of liability or potential responsibility from any third party (including without limitation any federal, state, provincial, territorial state or local governmental officials) and including notice of any formal inquiry, proceeding, demand, investigation or other action with regard to (A) any Borrower's ’s or any Person's ’s operation of the Real Property, (B) the presence or Release of Hazardous Substances contamination on, from, from or into the Real Property, or (C) investigation or remediation of offsite locations at which any Borrower or any of its predecessors are is alleged to have directly or indirectly Released Disposed of Hazardous Substances, and with respect to which violation or Release in any such case could have a material adverse effect on the liability associated therewith could be reasonably expected to exceed $2,500,000Real Property or on any Borrower’s operations; or
(iv4) upon any Borrower's Borrower obtaining knowledge that any material expense or loss which individually or in the aggregate exceeds $1,000,000 has been incurred by such governmental authority in connection with the assessment, containment, removal or remediation of any Hazardous Substances with respect to which any Borrower may be liable or for which a lien may be imposed on the Real Property.
Appears in 1 contract
Samples: Revolving Credit Agreement (Waste Industries Usa Inc)
NOTICE OF CERTAIN EVENTS CONCERNING INSURANCE AND ENVIRONMENTAL CLAIMS. (a) The Borrowers Borrower will provide the Lenders and the Agents Banks with written notice as to any material cancellation or material adverse change in any insurance of the Borrower or any of the Borrowers its Subsidiaries within ten (10) Business Days after such the Borrower's or any of its Subsidiary's receipt of any notice (whether formal or informal) of such material cancellation or material change by any of its insurers.
(b) The Borrowers Borrower will promptly notify the Lenders and the Agents Banks in writing of any of the following events:
(i) upon the Borrower's or any BorrowerSubsidiary's obtaining knowledge of any violation of any Environmental Law regarding the Real Property or the Borrower's or any Subsidiary's operations which violation could have a material adverse effect on the business, financial condition, or assets of the Borrowers Borrower and its Subsidiaries on a consolidated basis;
(ii) upon the Borrower's or any BorrowerSubsidiary's obtaining knowledge of any potential or known Release, or threat of Release, of any Hazardous Substance at, from, or into the Real Property which could materially affect the business, financial condition, or assets of the Borrowers Borrower and its Subsidiaries on a consolidated basis;
(iii) upon the Borrower's or any BorrowerSubsidiary's receipt of any notice of any material violation of any Environmental Law or of any Release or threatened Release of Hazardous Substances, including a notice or claim of liability or potential responsibility from any third party (including any federal, state, provincial, territorial or local governmental officials) and including notice of any formal inquiry, proceeding, demand, investigation or other action with regard to (A) the Borrower's, any BorrowerSubsidiary's or any Person's operation of the Real Property, (B) the presence or Release of Hazardous Substances contamination on, from, or into the Real Property, or (C) investigation or remediation of offsite locations at which the Borrower, any Borrower Subsidiary, or its predecessors are alleged to have directly or indirectly Released Disposed of Hazardous Substances, and with respect to which the liability associated therewith could be reasonably expected to exceed $2,500,00010,000,000; or
(iv) upon the Borrower's or any BorrowerSubsidiary's obtaining knowledge that any expense or loss which individually or in the aggregate exceeds $1,000,000 10,000,000 has been incurred by such governmental authority in connection with the assessment, containment, removal or remediation of any Hazardous Substances with respect to which the Borrower or any Borrower Subsidiary may be liable or for which a lien may be imposed on the Real Property.
Appears in 1 contract
NOTICE OF CERTAIN EVENTS CONCERNING INSURANCE AND ENVIRONMENTAL CLAIMS. (a) The Borrowers Borrower will provide the Lenders and the Agents Banks with written notice as to any material cancellation or material adverse change in any insurance of the Borrower or any of the Borrowers its Material Subsidiaries within ten (10) Business Days after such the Borrower's or any of its Material Subsidiary's receipt of any notice (whether formal or informal) of such material cancellation or material change by any of its insurers.
(b) The Borrowers Borrower will promptly promptly, and in any event within ten (10) Business Days of the Borrower's obtaining knowledge thereof, notify the Lenders and the Agents Banks in writing of any of the following events:
(i) upon the Borrower's or any BorrowerMaterial Subsidiary's obtaining knowledge of any violation of any Environmental Law regarding the Real Property or the Borrower's or any Subsidiary's operations which violation could reasonably be expected to have a material adverse effect on the business, financial condition, or assets of the Borrowers on a consolidated basisMaterial Adverse Effect;
(ii) upon the Borrower's or any BorrowerMaterial Subsidiary's obtaining knowledge of any potential or known Release, or threat of Release, of any Hazardous Substance at, from, or into the Real Property which could materially affect the business, financial condition, or assets of the Borrowers on reasonably be expected to have a consolidated basisMaterial Adverse Effect;
(iii) upon the Borrower's or any BorrowerMaterial Subsidiary's receipt of any notice of any material violation of any Environmental Law or of any Release or threatened Release of Hazardous Substances, including a notice or claim of liability or potential responsibility from any third party (including any federal, state, provincial, territorial or local governmental officials) and including notice of any formal inquiry, proceeding, demand, investigation or other action with regard to (A) the Borrower's, any BorrowerMaterial Subsidiary's or any Person's operation of the Real Property, (B) the presence or Release of Hazardous Substances contamination on, from, or into the Real Property, or (C) investigation or remediation of offsite locations at which the Borrower, any Borrower Material Subsidiary, or its predecessors are alleged to have directly or indirectly Released Disposed of Hazardous Substances, and with respect to which the asserted, demanded or alleged liability associated therewith could be reasonably expected to exceed exceeds $2,500,00035,000,000; or
(iv) upon the Borrower's or any BorrowerMaterial Subsidiary's obtaining knowledge that any expense or loss which individually or in the aggregate exceeds $1,000,000 35,000,000 has been incurred by such governmental authority in connection with the assessment, containment, removal or remediation of any Hazardous Substances with respect to which the Borrower or any Borrower may Material Subsidiary has been alleged to be liable by such governmental authority or for which a lien Lien may be imposed on the Real PropertyProperty by such governmental authority.
Appears in 1 contract
NOTICE OF CERTAIN EVENTS CONCERNING INSURANCE AND ENVIRONMENTAL CLAIMS. (a) The Borrowers Borrower will provide the Lenders and the Agents Banks with written notice as to any material cancellation or material adverse change in any insurance of the Borrower or any of the Borrowers Subsidiary within ten (10) Business Days after the Borrower's or such BorrowerSubsidiary's receipt of any notice (whether formal or informal) of such material cancellation or material change by any of its their insurers.
(b) The Borrowers Borrower will promptly notify the Lenders and the Agents Banks in writing of any of the following events:
(i) upon any Borrower's the Borrower obtaining knowledge of any violation of any Environmental Law regarding the Real Property or the Borrower's or any Subsidiary's operations, which violation could have a material adverse effect on the business, financial condition, Real Property or assets of on the Borrowers on a consolidated basis;
Borrower's or such Subsidiary's operations; (ii) upon any Borrower's the Borrower obtaining knowledge of any potential or known Release, Release or threat of Release, Release of any Hazardous Substance at, from, or into the Real Property which the Borrower or any Subsidiary reports in writing or is reportable by it in writing to any governmental authority and which is material in amount or nature or which could materially affect the business, financial condition, or assets value of the Borrowers on a consolidated basis;
Real Property; (iii) upon the Borrower's or any BorrowerSubsidiary's receipt of any notice of any material violation of any Environmental Law Laws or of any Release or threatened Release of Hazardous Substances, including a notice or claim of liability or potential responsibility from any third party (including without limitation any federal, state, provincial, territorial state or local governmental officials) and including notice of any formal inquiry, proceeding, demand, investigation or other action with regard to (A) the Borrower's, any Borrower's Subsidiary's, or any Person's operation of the Real Property, (B) the presence or Release of Hazardous Substances contamination on, from, from or into the Real Property, or (C) investigation or remediation of offsite locations at which the Borrower, the Subsidiaries, or any Borrower or its of their predecessors are is alleged to have directly or indirectly Released Disposed of Hazardous Substances, and with respect to which violation or Release in any such case could have a material adverse effect on the liability associated therewith could be reasonably expected to exceed $2,500,000Real Property or on the Borrower's operations; or
or (iv) upon any Borrower's the Borrower obtaining knowledge that any material expense or loss which individually or in the aggregate exceeds $1,000,000 has been incurred by such governmental authority in connection with the assessment, containment, 44 -43- removal or remediation of any Hazardous Substances with respect to which the Borrower or any Borrower Subsidiary may be liable or for which a lien may be imposed on the Real Property.
Appears in 1 contract