Common use of Notice of Hazardous Materials Clause in Contracts

Notice of Hazardous Materials. Within ten (10) days after an executive officer of the Borrowers obtaining actual knowledge thereof, Borrowers shall immediately advise Agent Bank in writing and deliver a copy of (a) any and all enforcement, clean-up, removal or other governmental or regulatory actions expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) instituted, completed or threatened pursuant to any applicable federal, state or local laws, ordinances or regulations relating to any Hazardous Materials (as defined in the Environmental Certificate) affecting the Collateral ("Hazardous Materials Laws"); (b) all claims made or threatened by any third party against Borrowers or the Hotel/Casino Facilities in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above are hereinafter referred to as "Hazardous Materials Claims"); and (c) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Hotel/Casino Facilities that could cause the Borrowers, or any of them, or any part thereof to be classified as a "border-zone property" under the provisions of, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Hotel/Casino Facilities under, any Hazardous Materials Laws.

Notice of Hazardous Materials. Within ten (10) days after an executive officer of the Borrowers obtaining Borrower shall have obtained actual knowledge thereof, Borrowers Borrower shall immediately promptly advise Agent Bank and each of the Lenders in writing of and deliver a copy of of: (a) any and all enforcement, clean-up, removal or other governmental or regulatory actions expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) instituted, completed instituted or threatened by any Governmental Agency pursuant to any applicable federal, state or local laws, ordinances or regulations relating to any Hazardous Materials (as defined in the Environmental Certificate) affecting the Collateral ("Hazardous Materials Laws")Hotel/Casino Facility, or any portion thereof; (b) all written claims made or threatened by any third party against Borrowers Borrower, the Real Property, or the Hotel/Casino Facilities in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) Facility, relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above are hereinafter referred to as "Hazardous Materials Claims"); and (c) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Real Property or the Hotel/Casino Facilities Facility that could cause the Borrowers, or any of them, Borrower or any part thereof to be classified as a "border-zone property" held liable under the provisions of, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Real Property or the Hotel/Casino Facilities Facility under, any Hazardous Materials Laws.

Notice of Hazardous Materials. Within During the term of the Bank Facilities, within ten (10) days after an executive officer of the Borrowers obtaining Borrower shall have obtained actual knowledge thereof, Borrowers Borrower shall immediately promptly advise Agent Bank and each of the Lenders in writing of and deliver a copy of of: (a) any and all enforcement, clean-up, removal or other governmental or regulatory actions expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) instituted, completed instituted or threatened by any Governmental Agency pursuant to any applicable federal, state or local laws, ordinances or regulations relating to any Hazardous Materials (as defined in the Environmental Certificate) affecting the Collateral Properties ("Hazardous Materials Laws"); (b) all written claims made or threatened by any third party against Borrowers Borrower, the Collateral Properties, the Casino Facility, or the Hotel/Casino Facilities in excess any of Two Hundred Fifty Thousand Dollars ($250,000.00) them, relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above are hereinafter referred to as "Hazardous Materials Claims"); and (c) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Hotel/Collateral Properties, the Casino Facilities that could cause the BorrowersFacility, or any of them, that could cause Borrower or any part thereof to be classified as a "border-zone property" held liable under the provisions of, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Hotel/Collateral Properties or the Casino Facilities Facility under, any Hazardous Materials Laws.

Notice of Hazardous Materials. Within ten (10) days after an executive officer of the Borrowers obtaining Borrower shall have obtained actual knowledge thereof, Borrowers Borrower shall immediately promptly advise Agent Bank and each of the Lenders in writing of and deliver a copy of of: (a) any and all enforcement, clean-up, removal or other governmental or regulatory actions expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) instituted, completed instituted or threatened by any Governmental Agency pursuant to any applicable federal, state or local laws, ordinances or regulations relating to any Hazardous Materials (as defined in the Environmental Certificate) affecting the Collateral ("Hazardous Materials Laws")Hotel/Casino Facility, or any portion thereof; (b) all written claims made or threatened by any third party against Borrowers Borrower, the Real Property, or the Hotel/Casino Facilities in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) Facility, relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above are hereinafter referred to as "Hazardous Materials Claims"); and (c) the discovery of any occurrence or condition on any real -60- property adjoining or in the vicinity of the Real Property or the Hotel/Casino Facilities Facility that could cause the Borrowers, or any of them, Borrower or any part thereof to be classified as a "border-zone property" held liable under the provisions of, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Real Property or the Hotel/Casino Facilities Facility under, any Hazardous Materials Laws.

Notice of Hazardous Materials. Within ten (10) days after an executive officer of any of the Borrowers obtaining shall have obtained actual knowledge thereof, Borrowers shall immediately promptly advise Agent Bank and each of the Lenders in writing of and deliver a copy of of: (a) any and all enforcement, clean-up, removal or other governmental or regulatory actions expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) instituted, completed instituted or threatened by any Governmental Agency pursuant to any applicable federal, state or local laws, ordinances or regulations relating to any Hazardous Materials (as defined in the Environmental Certificate) affecting the Collateral Properties ("Hazardous Materials Laws"); (b) all written claims made or threatened by any third party against Borrowers Borrowers, the Collateral Properties, the Casino Facilities, or the Hotel/Casino Facilities in excess any of Two Hundred Fifty Thousand Dollars ($250,000.00) them, relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above are hereinafter referred to as "Hazardous Materials Claims"); and (c) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Hotel/Collateral Properties, the Casino Facilities that could cause the BorrowersFacilities, or any of them, that could cause any Borrower or any part thereof to be classified as a "border-zone property" held liable under the provisions of, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Hotel/Collateral Properties or the Casino Facilities under, any Hazardous Materials Laws.

Notice of Hazardous Materials. Within ten (10) days after an executive officer of the Borrowers obtaining Borrower shall have obtained actual knowledge thereof, Borrowers Borrower shall immediately promptly advise Agent Bank and each of the Lenders in writing of and deliver a copy of of: (a) any and all enforcement, clean-up, removal or other governmental or regulatory actions expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) instituted, completed instituted or threatened by any Governmental Agency pursuant to any applicable federal, state or local laws, ordinances or regulations relating to any Hazardous Materials (as defined in the Environmental Certificate) affecting the Collateral ("Hazardous Materials Laws")Hotel/Casino Facility, or any portion thereof; (b) all written claims made or threatened by any third party against Borrowers Borrower, the Real Property, or the Hotel/Casino Facilities in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) Facility, relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above are hereinafter referred to as "“Hazardous Materials Claims"”); and (c) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Real Property or the Hotel/Casino Facilities Facility that could cause the Borrowers, or any of them, Borrower or any part thereof to be classified as a "border-zone property" held liable under the provisions of, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Real Property or the Hotel/Casino Facilities Facility under, any Hazardous Materials Laws.

Notice of Hazardous Materials. Within ten (10) days after an executive officer of the Borrowers Borrower obtaining actual knowledge thereof, Borrowers Borrower shall immediately advise Agent Bank Lenders in writing and deliver a copy of of: (ai) any and all enforcement, clean-up, removal or other governmental or regulatory actions expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) instituted, completed or threatened pursuant to any applicable federal, state or local laws, ordinances or regulations relating to any Hazardous Materials (as defined in the Environmental Certificate) affecting the Collateral Real Property ("Hazardous Materials LawsHAZARDOUS MATERIALS LAWS"); (bii) all material claims made or threatened by any third party against Borrowers Borrower or the Hotel/Casino Facilities in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) Real Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (ai) and (bii) above are hereinafter referred to as "Hazardous Materials ClaimsHAZARDOUS MATERIALS CLAIMS"); and (ciii) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Hotel/Casino Facilities Real Property that could cause the Borrowers, or any of them, Borrower or any part thereof to be classified as a "border-zone borderzone property" under the provisions of, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Hotel/Casino Facilities Real Property under, any Hazardous Materials Laws.