Common use of Notification of Environmental Claims Clause in Contracts

Notification of Environmental Claims. If any Substances and/or animal wastes shall be brought upon the Real Estate, Borrower shall, or shall cause its Subsidiaries to, maintain and/or remove them in substantial accordance with all applicable laws. Borrower shall, or shall cause its Subsidiaries to, promptly take all action which is needed to xxxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expense except where the failure to take action or comply would not reasonably be expected to have a Material Adverse Effect. Borrower will, or will cause its Subsidiaries to, promptly inform Lender in writing of any environmental risk or violation of any Environmental Laws on or related to the Real Estate of which it has knowledge which could reasonably be expected to have a Material Adverse Effect or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrower will, or will cause its Subsidiaries to, immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or, to the knowledge of the Borrower or any such Subsidiary threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances or animal wastes affecting its business operations; and (ii) all claims made or, to the knowledge of the Borrower or any Subsidiary of Borrower threatened by any Person against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any Substances or animal wastes. Borrower shall, or shall cause its Subsidiaries to, immediately notify Lender of any substantial remedial action taken by it with respect to its business operations.

Appears in 2 contracts

Samples: Loan Agreement (Alico Inc), Loan Agreement (Alico Inc)

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Notification of Environmental Claims. If Except as set forth on Schedule 4.1(f), any Substances and/or animal hazardous or toxic substance or wastes (as defined by any Environmental Law), including but not limited to, friable asbestos, PCBs in regulated concentrations, petroleum products, fertilizers and pesticides (“Substances”) shall be brought upon any real estate owned or leased by any Borrower (the Real Estate”), Borrower shall, or Borrowers shall cause its Subsidiaries to, maintain and/or remove them in substantial accordance with all applicable laws. Borrower shall, or Borrowers shall cause its Subsidiaries to, promptly take all action which that is needed to xxxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expense except where the failure expense, subject to take action or comply would not such legal and/or equitable defenses available to Borrowers. At Lender’s request from time to time, for Reasonable Cause, Borrowers shall obtain additional environmental audits covering any Real Estate from experts reasonably be expected acceptable to have a Material Adverse EffectLender. Borrower will, or Borrowers will cause its Subsidiaries to, promptly inform Lender in writing of any environmental risk or violation of any Environmental Laws on or related to the Real Estate of which it has knowledge which could reasonably be expected to have a Material Adverse Effect or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrower willBorrowers will permit Lender, or any person or firm designated by Lender, to inspect the Real Estate on reasonable notice, and will cause its Subsidiaries to, immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or, to the knowledge of the Borrower or any such Subsidiary threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances or animal wastes affecting its business operations; and (ii) all claims made or, to the knowledge of the Borrower or any Subsidiary of Borrower threatened by any Person third party against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any Substances or animal wastesSubstances. Borrower shall, or Borrowers shall cause its Subsidiaries to, immediately notify Lender of any substantial remedial action taken by it with respect to its business operations. (For purposes hereof, “Reasonable Cause” shall be deemed to have occurred at any time that: (i) either Borrower is obligated to provide notice to Lender under this Paragraph 4.1(f), or (ii) either Borrower shall have received notice from any governmental agency indicating a violation or potential violation of Environmental Laws.)

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (RTI Biologics, Inc.)

Notification of Environmental Claims. If any Substances and/or animal wastes shall be brought upon the Real Estate, Borrower Credit Parties shall, or shall cause its their Subsidiaries to, maintain and/or remove them in substantial accordance with all applicable laws. Borrower Credit Parties shall, or shall cause its Subsidiaries to, promptly take all action which is needed to xxxxx axxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expense except where the failure to take action or comply would not reasonably be expected to have a Material Adverse Effect. Borrower Credit Parties will, or will cause its their Subsidiaries to, promptly inform Lender in writing of any environmental risk or violation of any Environmental Laws on or related to the Real Estate of which it has knowledge which could reasonably be expected to have a Material Adverse Effect or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrower Credit Parties will, or will cause its their Subsidiaries to, immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or, to the knowledge of the Borrower any Credit Party or any such Subsidiary threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances or animal wastes affecting its business operations; and (ii) all claims made or, to the knowledge of the Borrower any Credit Party or any Subsidiary of Borrower any Credit Party threatened by any Person against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any Substances or animal wastes. Borrower Credit Parties shall, or shall cause its their Subsidiaries to, immediately notify Lender of any substantial remedial action taken by it with respect to its business operations.. Loan Agreement Farm Credit of Southwest Florida ACA/Atlantic Blue Group, Inc., et ax

Appears in 1 contract

Samples: Loan Agreement (Atlantic Blue Group, Inc.)

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Notification of Environmental Claims. If any Substances and/or animal wastes shall be brought upon the Real Estate, Borrower Credit Parties shall, or shall cause its their Subsidiaries to, maintain and/or remove them in substantial accordance with all applicable laws. Borrower Credit Parties shall, or shall cause its Subsidiaries to, promptly take all action which is needed to xxxxx axxxx any material environmental risk or comply with any Environmental Laws on or related to the Real Estate at its sole expense except where the failure to take action or comply would not reasonably be expected to have a Material Adverse Effect. Borrower Credit Parties will, or will cause its their Subsidiaries to, promptly inform Lender in writing of any environmental risk or violation of any Environmental Laws on or related to the Real Estate of which it has knowledge which could reasonably be expected to have a Material Adverse Effect or the commencement of any proceeding against it or receipt of any notices by it concerning any alleged violation of Environmental Laws on or related to the Real Estate. Borrower Credit Parties will, or will cause its their Subsidiaries to, immediately advise Lender in writing of (i) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or, to the knowledge of the Borrower any Credit Party or any such Subsidiary threatened pursuant to any applicable federal, state, or local laws, ordinances or regulations relating to any Substances or animal wastes affecting its business operations; and (ii) all claims made or, to the knowledge of the Borrower any Credit Party or any Subsidiary of Borrower any Credit Party threatened by any Person against it relating to damages, contributions, cost recovery, compensation, loss or injury resulting from any Substances or animal wastes. Borrower Credit Parties shall, or shall cause its their Subsidiaries to, immediately notify Lender of any substantial remedial action taken by it with respect to its business operations.

Appears in 1 contract

Samples: Loan Agreement (Atlantic Blue Group, Inc.)

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