Common use of O.S.H.A. and Environmental Compliance Clause in Contracts

O.S.H.A. and Environmental Compliance. (a) Borrower and each of its Subsidiaries has duly complied with, and its facilities, business, assets, property, leaseholds and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there are no outstanding citations, notices or orders of material non-compliance issued to Borrower or any of its Subsidiaries or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Borrower and each of its Subsidiaries has been issued all required federal, state and local licenses, authorizations, approvals, certificates or permits relating to all applicable Environmental Laws. (i) Neither Borrower nor its Subsidiaries have released (as that term is defined in the Federal Comprehensive Environmental Response, Compensation & Liability Act, as amended) and, to the Borrower’s knowledge, no party has released Hazardous Substances at, upon, to, in, under or within any Real Property or any premises leased by Borrower or any of its Subsidiaries in violation of applicable Environmental Law; (ii) to the knowledge of Borrower and its Subsidiaries, there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by Borrower or any of its Subsidiaries; (iii) to the knowledge of Borrower and its Subsidiaries, neither the Real Property nor any premises leased by Borrower or any of its Subsidiaries has ever been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) to the knowledge of Borrower and its Subsidiaries, no Hazardous Substances are present on the Real Property or any premises leased by Borrower or any of its Subsidiaries, excepting which do not violate applicable Environmental Law.

O.S.H.A. and Environmental Compliance. (a) Borrower and As of the Closing Date, except as disclosed on Schedule 5.7, each of its Subsidiaries Loan Party has duly complied with, and its facilities, business, assets, property, leaseholds and Equipment are in compliance in all material respects with, the applicable provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other applicable Environmental Laws; there are no outstanding unresolved citations, notices or orders of material non-compliance that have been issued to Borrower or any of its Subsidiaries Loan Party or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Loan Party has received or been issued, or will cause to be filed with the appropriate Governmental Bodies in accordance with applicable Environmental Laws, all documentation required to be filed so that the appropriate Governmental Body may issue to Borrower and each of its Subsidiaries has been issued all required federal, state and local licenses, authorizations, approvals, certificates or permits relating to all required by applicable Environmental LawsLaws to operate the business of Borrower and its Subsidiaries. (c) As of the Closing Date, except as disclosed on Schedule 5.7, (i) Neither Borrower nor its Subsidiaries have released there are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as that term is defined in the Federal Comprehensive Environmental Response, Compensation & Liability Act, as amended“Releases”) and, to the Borrower’s knowledge, no party has released of Hazardous Substances at, upon, to, in, under or within any Real Property or any premises leased by Borrower or any of its Subsidiaries in violation of applicable Environmental LawLoan Party; (ii) to the knowledge of Borrower and its Subsidiaries, there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by Borrower or any of its SubsidiariesLoan Party; (iii) to the knowledge of Borrower and its Subsidiaries, neither the Real Property nor any premises leased by Borrower or any of its Subsidiaries Loan Party has ever been used as a treatment, storage or disposal facility (as such terms are defined under RCRA) of Hazardous Waste; and (iv) to the knowledge of Borrower and its Subsidiaries, no Hazardous Substances are present on the Real Property or any premises leased by Borrower any Loan Party, excepting such quantities as are handled in accordance with all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Loan Party or any of its Subsidiaries, excepting which do not violate applicable Environmental Lawtenants.

O.S.H.A. and Environmental Compliance. (ai) Each Borrower and each of its their respective Subsidiaries has duly complied with, and its facilities, business, assets, property, leaseholds leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, and, except with respect to conditions existing on the Environmental Protection ActClosing Date that are described on Schedule 5.7, RCRA and all other applicable Environmental Laws; (ii) there are no outstanding citations, notices or orders of material non-compliance issued to any Borrower or any of its their respective Subsidiaries or relating to its business, assets, property, leaseholds or Equipment their respective businesses under any such laws, rules or regulations; (iii) no Borrower nor any of their respective Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Borrower or its Subsidiaries; and (iv) no Borrower nor any of their respective Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law. (b) Each Borrower and each of its their respective Subsidiaries has been issued issued, or has timely applied for, all required federal, state and local licenses, authorizations, approvals, certificates or permits relating to all required under applicable Environmental Laws. (i) Neither Borrower nor its Subsidiaries have released Except with respect to conditions existing on the Closing Date that are described on Schedule 5.7, there are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as that term is defined “Releases”) of Hazardous Substances in the Federal Comprehensive Environmental Response, Compensation & Liability Act, as amended) any material quantity and, to the Borrower’s knowledge, knowledge of Borrowers no party has released such Hazardous Substances are present, at, upon, to, in, under or within any Real Property or any premises leased by any Borrower or any of its their respective Subsidiaries in violation of any applicable Environmental Law; (ii) to the knowledge of Borrower and its Subsidiaries, there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by any Borrower or any of its their respective Subsidiaries; and (iii) to the knowledge of Borrower and its Subsidiariesany Borrower, neither the Real Property nor any other premises leased by any Borrower or any of its their respective Subsidiaries has ever been used for the treatment, storage, production, transportation or disposal of Hazardous Waste or been designated or identified in any manner pursuant to any environmental protection statute as a treatment, storage or disposal facility of Hazardous Waste; and (iv) to the knowledge of Borrower and its Subsidiaries, no Hazardous Substances are present on the Real Property or any premises leased by Borrower or any of its Subsidiaries, excepting which do not violate applicable Environmental Lawdisposal site.

O.S.H.A. and Environmental Compliance. (a) Borrower Each Loan Party and each of its their Subsidiaries has duly complied with, and its facilities, business, assets, property, leaseholds and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there are have been no outstanding citations, notices or orders of material non-compliance issued to Borrower any Loan Party or any of its their Subsidiaries or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations, to the extent the non-compliance with which could reasonably be expected to have a Material Adverse Effect, in each case except as set forth on Schedule 5.7. (b) Borrower Each Loan Party and each of its their Subsidiaries has been issued all required federal, state and local licenses, authorizations, approvals, certificates or permits relating to all applicable Environmental Laws, to the extent the failure to obtain such license, certificate or permit could reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 5.7. (i) Neither Borrower nor its Subsidiaries have released There are no visible signs of releases, spills, discharges, leaks or disposal (as that term is defined in the Federal Comprehensive Environmental Responseeach, Compensation & Liability Act, as amendeda “Release”) and, to the Borrower’s knowledge, no party has released of Hazardous Substances at, upon, to, in, under or within any Real Property or any premises leased by Borrower any Loan Party or any of its Subsidiaries in violation of applicable Environmental Lawtheir Subsidiaries; (ii) to the knowledge of Borrower and its Subsidiaries, there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by Borrower any Loan Party or any of its their Subsidiaries; (iii) to the knowledge of Borrower and its Subsidiaries, neither the Real Property nor any premises leased by Borrower any Loan Party or any of its their Subsidiaries has ever been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) to the knowledge of Borrower and its Subsidiaries, no Hazardous Substances are present on the Real Property or any premises leased by Borrower any Loan Party or any of its their Subsidiaries, excepting which do not violate such quantities as are handled in accordance with all applicable Environmental Lawmanufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Loan Party or any of their Subsidiaries or of their respective tenants, in each case to the extent that the failure of any of the foregoing to be true and correct could reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 5.7.

O.S.H.A. and Environmental Compliance. (a) Each Borrower and each of its Subsidiaries has duly complied with, and its facilities, business, assets, property, leaseholds leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there are have been no outstanding citations, notices or orders of material non-compliance issued to any Borrower or any of its Subsidiaries or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower and each of its Subsidiaries has been issued all required federal, state and local licenses, authorizations, approvals, certificates or permits relating to all applicable Environmental Laws. (i) Neither Borrower nor its Subsidiaries have released There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as that term is defined in the Federal Comprehensive Environmental Response, Compensation & Liability Act, as amended“Releases”) and, to the Borrower’s knowledge, no party has released of Hazardous Substances at, upon, to, in, under or within any Real Property or including any premises leased by Borrower or any of its Subsidiaries in violation of applicable Environmental LawBorrower; (ii) to the knowledge of Borrower and its Subsidiaries, there are no underground storage tanks or polychlorinated biphenyls on the Real Property or including any premises leased by Borrower or any of its SubsidiariesBorrower; (iii) to the knowledge of Borrower and its Subsidiaries, neither the Real Property nor including any premises leased by any Borrower or any of its Subsidiaries has ever never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) to the knowledge of Borrower and its Subsidiaries, no Hazardous Substances are present on the Real Property or including any premises leased by any Borrower, excepting such quantities as are handled in accordance with all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Borrower or any of its Subsidiariestenants. (d) All Real Property owned by Borrowers is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Borrower in accordance with prudent business practice in the industry of such Borrower. Each Borrower has taken all actions required under the Flood Laws and/or requested by Agent to assist in ensuring that each Lender is in compliance with the Flood Laws applicable to the Collateral, excepting which do including, but not violate applicable Environmental Lawlimited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Real Property that will be subject to a Mortgage in favor of Agent, for the benefit of the Lenders, and, to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.

O.S.H.A. and Environmental Compliance. Except as may be set forth on Schedule 5.6, to Borrower’s knowledge: (a) The Borrower and each of its Subsidiaries Subsidiary has duly complied with, and its facilities, business, assets, property, leaseholds and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; and there are have been no outstanding citations, notices or orders of material non-compliance issued to the Borrower or any of its Subsidiaries or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) The Borrower and each of its Subsidiaries Subsidiary has been issued all required federal, state and local licenses, authorizations, approvals, certificates or permits relating to all applicable Environmental LawsLaws to the extent necessary for or material to the conduct of its business. (i) Neither Borrower nor its Subsidiaries have released There are no visible signs, in any material amounts of releases, spills, discharges, leaks or disposal (collectively referred to as that term is defined in the Federal Comprehensive Environmental Response, Compensation & Liability Act, as amended“Releases”) and, to the Borrower’s knowledge, no party has released of Hazardous Substances at, upon, to, in, under or within any Real Property or any premises leased by the Borrower or any of its Subsidiaries which do not comply in violation of all material respects with all applicable Environmental LawLaws in respect thereof; (ii) to the knowledge of Borrower and its Subsidiaries, there are no underground storage tanks or polychlorinated biphenyls on the Real Property or any premises leased by Borrower or any of its Subsidiariesthe Borrower; (iii) to the knowledge of Borrower and its Subsidiaries, neither the Real Property nor any premises leased by the Borrower or any of its Subsidiaries Subsidiary has ever been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) to the knowledge of Borrower and its Subsidiaries, no Hazardous Substances are present present, in any material amounts on the Real Property or any premises leased by Borrower or any Subsidiary, excepting such quantities as are handled in accordance with all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of the Borrower or any Subsidiary or any of its Subsidiaries, excepting which do not violate applicable Environmental Lawtenants.