Notice of Environmental Event. Promptly and in any event within five (5) days after the existence of any of the following conditions, a duly executed certificate of an Authorized Officer of the Borrower specifying in detail the nature of such condition and, if applicable, the Borrower’s proposed response thereto: (i) receipt by the Borrower of any written communication from a Governmental Authority or any written communication from any other Person (other than a privileged communication from legal counsel to the Borrower) or other source of written information, including reports prepared by the Borrower, that alleges or indicates that the Borrower or an Environmental Affiliate is not in compliance in all material respects with applicable Environmental Laws or Environmental Approvals and such alleged noncompliance could reasonably be expected to form the basis of an Environmental Claim against the Borrower; (ii) the Borrower obtains knowledge that there exists any Environmental Claim pending or threatened in writing against the Borrower or an Environmental Affiliate; (iii) the Borrower obtains knowledge of any release, threatened release, emission, discharge or disposal of any Material of Environmental Concern or obtains knowledge of any material non-compliance with any Environmental Law that, in either case, could reasonably be expected to form the basis of an Environmental Claim against the Borrower or any Environmental Affiliate; or (iv) any Removal, Remedial or Response action taken, or required to be taken, by the Borrower or any other person in response to any Material of Environmental Concern in, at, on or under, a part of or about the Borrower’s properties or any other property or any notice, claim or other information that the Borrower might be subject to an Environmental Claim.
Appears in 3 contracts
Samples: Senior Credit Agreement (Advanced BioEnergy, LLC), Senior Credit Agreement (Advanced BioEnergy, LLC), Loan Agreement (Advanced BioEnergy, LLC)
Notice of Environmental Event. Promptly and in any event within five ten (510) days after the existence of any of the following conditionsconditions not already disclosed herein, a duly executed certificate of an Authorized Officer of the Borrower specifying in detail the nature of such condition and, if applicable, the Borrower’s proposed response thereto:
(i) receipt by the Borrower of any written communication from a Governmental Authority or any written communication from any other Person (other than a privileged communication from legal counsel to the Borrower) or other source of written information, including reports prepared by the Borrower, that alleges or indicates that the Borrower or an Environmental Affiliate is not in compliance in all material respects with applicable Environmental Laws or Environmental Approvals and such alleged noncompliance could reasonably be expected to form the basis of an Environmental Claim against the Borrower;
(ii) the Borrower obtains knowledge that there exists any Environmental Claim pending or threatened in writing against the Borrower or an Environmental Affiliate;
(iii) the Borrower obtains knowledge of any release, threatened release, emission, discharge or disposal of any Material of Environmental Concern or obtains knowledge of any material non-compliance with any Environmental Law or Environmental Approval that, in either case, could reasonably be expected to form the basis of an Environmental Claim against the Borrower or any Environmental Affiliate; or
(iv) any Removal, Remedial or Response action taken, or required to be taken, by the Borrower or any other person in response to any material release, emission, discharge or disposal of any Material of Environmental Concern in, at, on or under, a part of or about the Borrower’s properties or any other property or any notice, claim or other information that the Borrower might be subject to an Environmental Claimproperty.
Appears in 2 contracts
Samples: Senior Credit Agreement (First United Ethanol LLC), Debt Agreement (First United Ethanol LLC)
Notice of Environmental Event. Promptly and in any event within five (5) days after the existence of any of the following conditions, a duly executed certificate of an Authorized Officer of the Borrower specifying in detail the nature of such condition and, if applicable, the Borrower’s proposed response thereto:
(i) receipt by the Borrower of any written communication from a Governmental Authority or any written communication from any other Person (other than a privileged communication from legal counsel to the Borrower, the Pledgor or the Pledgor’s members) or other source of written information, including reports prepared by the Borrower, that alleges or indicates that the Borrower or an Environmental Affiliate is not in compliance in all material respects with applicable Environmental Laws or Environmental Approvals and such alleged noncompliance could reasonably be expected to form the basis of an Environmental Claim against the Borrower;
(ii) the Borrower obtains knowledge Knowledge that there exists any Environmental Claim pending or threatened in writing against the Borrower or an Environmental Affiliate;
(iii) the Borrower obtains knowledge Knowledge of any release, threatened release, emission, discharge or disposal of any Material of Environmental Concern or obtains knowledge Knowledge of any material non-non compliance with any Environmental Law that, in either case, could reasonably be expected to form the basis of an Environmental Claim against the Borrower or any Environmental Affiliate; or
(iv) any Removal, Remedial or Response action is taken, or required to be taken, by the Borrower or any other person in response to any material release, emission, discharge or disposal of any Material of Environmental Concern in, at, on or under, under a part of or about the Borrower’s properties or any other property or any notice, claim or other information that in connection with the Borrower might be subject to an Environmental ClaimProject.
Appears in 2 contracts
Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, Inc.)
Notice of Environmental Event. Promptly and in any event within five (5) [***] days after the existence of any of the following conditions, a duly executed certificate of an Authorized Officer of the Borrower specifying in detail the nature of such condition and, if applicable, the Borrower’s proposed response thereto:
(i) receipt by the Borrower of any written communication from a Governmental Authority or any written communication from any other Person (other than a privileged communication from legal counsel to the Borrower) or other source of written information, including reports prepared by the Borrower, that alleges or indicates that the Borrower or an Environmental Affiliate is not in compliance in all material respects with applicable Environmental Laws or Environmental Approvals and such alleged noncompliance could reasonably be expected to form the basis of an Environmental Claim against the BorrowerApprovals;
(ii) the Borrower obtains knowledge that there exists any material Environmental Claim (other than those listed in Schedule 5.19) pending or threatened in writing against the Borrower or an any Environmental Affiliate;
(iii) the Borrower obtains knowledge of (A) any releaseRelease, threatened release, emission, discharge Threat of Release or disposal of any Material of Environmental Concern or obtains knowledge of any material non-compliance with any Environmental Law that, in either case, could reasonably be expected to (x) form the basis of an a material Environmental Claim against the Borrower or any Environmental Affiliate, or (y) otherwise give rise to any material liability of the Borrower or (B) any fact or circumstance that could reasonably be expected to lead to a revocation, rescission, non-renewal, materially adverse amendment or other materially adverse modification of any Environmental Approval; or
(iv) any Removal, Remedial or Response action taken, or required to be taken, by the Borrower or or, to the knowledge of the Borrower, any other person Person in response to any Material of Environmental Concern in, at, on or under, a part of or about the Borrower’s properties or any other property (including the Sites) or any notice, claim or other information that the Borrower might be subject to an a material Environmental Claim.
Appears in 1 contract
Samples: Credit Agreement (Bloom Energy Corp)
Notice of Environmental Event. Promptly and in any event within five (5) days after the existence of any of the following conditions, a duly executed certificate of an Authorized Officer of the Borrower Lessee specifying in detail the nature of such condition and, if applicable, the BorrowerLessee’s proposed response thereto:
(ia) receipt by the Borrower Lessee of any written communication from a Governmental Authority or any written communication from any other Person (other than a privileged communication from legal counsel to the BorrowerLessee) or other source of written information, including reports prepared by the BorrowerLessee, that alleges or indicates that the Borrower Lessee or an Environmental Affiliate is not in compliance in all material respects with applicable Environmental Laws or Environmental Approvals and such alleged noncompliance could reasonably be expected to form the basis of an Environmental Claim against the BorrowerLessee or Landlord;
(iib) the Borrower Lessee obtains knowledge Knowledge that there exists any Environmental Claim pending or threatened in writing against the Borrower Lessee or an Environmental Affiliate;
(iiic) the Borrower Lessee obtains knowledge Knowledge of any release, threatened release, emission, discharge or disposal of any Material of Environmental Concern or obtains knowledge Knowledge of any material non-non compliance with any Environmental Law that, in either case, could reasonably be expected to form the basis of an Environmental Claim against the Borrower Lessee or any an Environmental Affiliate; or
(ivd) any Removal, Remedial or Response action is taken, or required to be taken, by the Borrower Lessee, Landlord or any other person in response to any material release, emission, discharge or disposal of any Material of Environmental Concern in, at, on or under, under a part of or about the Borrower’s properties Premises or any other property or any notice, claim or other information that in connection with the Borrower might be subject to an Environmental ClaimProject.
Appears in 1 contract
Notice of Environmental Event. Promptly and in any event within five (5) days after the existence of any of the following conditions, a duly executed certificate of an Authorized Officer of the Borrower specifying in detail the nature of such condition and, if applicable, the Borrower’s proposed response thereto:
(i) receipt by the Borrower of any written communication from a Governmental Authority or any written communication from any other Person (other than a privileged communication from legal counsel to the Borrower) or other source of written information, including reports prepared by the Borrower, that alleges or indicates that the Borrower or an Environmental Affiliate is not in compliance in all material respects with applicable Environmental Laws or Environmental Approvals and such alleged noncompliance could reasonably be expected to form the basis of an Environmental Claim against the Borrower;
(ii) the Borrower obtains knowledge Knowledge that there exists any Environmental Claim pending or threatened in writing against the Borrower or an Environmental Affiliate;
(iii) the Borrower obtains knowledge Knowledge of any release, threatened release, emission, discharge or disposal of any Material of Environmental Concern or obtains knowledge Knowledge of any material non-compliance with any Environmental Law that, in either case, could reasonably be expected to form the basis of an Environmental Claim against the Borrower or any Environmental Affiliate; or
(iv) any Removal, Remedial or Response action is taken, or required to be taken, by the Borrower or any other person in response to any material release, emission, discharge or disposal of any Material of Environmental Concern in, at, on or under, under a part of or about the Borrower’s properties or any other property or any notice, claim or other information that in connection with the Borrower might be subject to an Environmental ClaimProject.
Appears in 1 contract
Notice of Environmental Event. Promptly and in any event within five (5) days after the existence of any of the following conditions, a duly executed certificate of an Authorized Officer of the Borrower specifying in detail the nature of such condition and, if applicable, the Borrower’s proposed response thereto:
(i) receipt by the Borrower of any written communication from a Governmental Authority or any written communication from any other Person (other than a privileged communication from legal counsel to the Borrower) or other source of written information, including reports prepared by the Borrower, that alleges or indicates that the Borrower or an Environmental Affiliate is not in compliance in all material respects with applicable Environmental Laws or Environmental Approvals and such alleged noncompliance could reasonably be expected to form the basis of an Environmental Claim against the BorrowerApprovals;
(ii) the Borrower obtains knowledge that there exists any material Environmental Claim (other than those listed in Schedule 5.19) pending or threatened in writing against the Borrower or an any Environmental Affiliate;
(iii) the Borrower obtains knowledge of (A) any releaseRelease, threatened release, emission, discharge Threat of Release or disposal of any Material of Environmental Concern or obtains knowledge of any material non-compliance with any Environmental Law that, in either case, could reasonably be expected to (x) form the basis of an a material Environmental Claim against the Borrower or any Environmental Affiliate, or (y) otherwise give rise to any material liability of the Borrower or (B) any fact or circumstance that could reasonably be expected to lead to a revocation, rescission, non-renewal, materially adverse amendment or other materially adverse modification of any Environmental Approval; or
(iv) any Removal, Remedial or Response action taken, or required to be taken, by the Borrower or or, to the knowledge of the Borrower, any other person Person in response to any Material of Environmental Concern in, at, on or under, a part of or about the Borrower’s properties or any other property (including the Sites) or any notice, claim or other information that the Borrower might be subject to an a material Environmental Claim.
Appears in 1 contract
Samples: Credit Agreement (Bloom Energy Corp)