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

O.S.H.A. and Environmental Compliance. Except as disclosed on Schedule 5.7 or with respect to any Environmental Complaint, (a) Each Loan Party has duly complied, 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; to Loan Parties’ knowledge there have been no outstanding citations, notices or orders of non-compliance issued to any Loan Party or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Loan Party has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws, required in respect of the operation of its respective businesses, where the failure to obtain same would result in, or is reasonably likely to result in, a Material Adverse Effect. (c) To the knowledge of Loan Parties (i) there are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at any Real Property; (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property; (iii) the Real Property has ever been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) no Hazardous Substances are present on the Real Property, 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 of its tenants.

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Security Agreement (Stream Global Services, Inc.), Revolving Credit, Term Loan and Security Agreement (Stream Global Services, Inc.)

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O.S.H.A. and Environmental Compliance. Except as disclosed on Schedule 5.7 or with respect to any Environmental Complaint, (a) Each Loan Party has duly complied, complied in all material respectsrespects with, 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; to Loan Parties’ knowledge there have been no outstanding citations, notices or orders of non-compliance issued to any Loan Party or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations, in each case except as set forth on Schedule 5.7. (b) Each Loan Party has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws, required in respect of the operation of its respective businesses, where the failure to obtain same would result in, or is reasonably likely to result in, a Material Adverse Effectexcept as set forth on Schedule 5.7. (c) To the knowledge of Loan Parties (i) there There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as each, a ReleasesRelease”) of Hazardous Substances at at, upon, under or within any Real Property; (ii) to the best knowledge of the Loan Parties, there are no underground storage tanks or polychlorinated biphenyls on the any Real Property; (iii) to the best knowledge of the Loan Parties, the Real Property has ever never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) no Hazardous Substances are present on the any Real Property, 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 of its tenants, in each case except as set forth on Schedule 5.7.

Appears in 2 contracts

Samples: Financing Agreement (Rafaella Apparel Group,inc.), Financing Agreement (Rafaella Apparel Group,inc.)

O.S.H.A. and Environmental Compliance. Except as disclosed on Schedule 5.7 or with respect to any Environmental Complaint, (a) Each Except as otherwise provided on Schedule 5.7, each Loan Party has duly complied, complied in all material respectsrespects with, 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; to Loan Parties’ knowledge there have been no outstanding citations, notices or orders of non-compliance issued to any Loan Party or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. None of the Loan Parties is aware of any property or assets with respect to which the Loan Parties should be taking any material action. (b) Each Loan Party has been issued all required federal, state state, provincial and local licenses, certificates or permits relating to all applicable Environmental Laws, required in respect of the operation of its respective businesses, where the failure to obtain same would result in, or is reasonably likely to result in, a Material Adverse Effect. (c) To the knowledge of Loan Parties (i) there There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as "Releases") of Hazardous Substances at at, upon, under or within any Real Property; (ii) there are no underground storage tanks or polychlorinated biphenyls on the any Real Property; (iii) the Real Property has ever never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) no Hazardous Substances are present on the any Real Property, excepting such quantities as are handled in accordance with all applicable manufacturer’s '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 of its tenants.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bucyrus International Inc), Loan and Security Agreement (Bucyrus International Inc)

O.S.H.A. and Environmental Compliance. Except as disclosed on Schedule 5.7 or with respect to any Environmental Complaint, (a) Each Loan Credit Party has duly compliedcomplied 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; to Loan Parties’ knowledge there have been are no outstanding citations, notices or orders of non-compliance issued to any Loan such Credit Party or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations, in each case except as set forth on Schedule 5.7. (b) Each Loan Credit Party has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws, required in respect of the operation of its respective businesses, where the failure to obtain same would result in, or is reasonably likely to result in, a Material Adverse Effectexcept as set forth on Schedule 5.7. (c) To the knowledge of Loan Parties (i) there There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”each, a "Release") of Hazardous Substances at at, upon, under or within any Real Property; (ii) there are no underground storage tanks or polychlorinated biphenyls on the any Real Property; (iii) the Real Property has ever never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) no Hazardous Substances are present on the any Real Property, excepting such quantities as are handled in accordance with all applicable manufacturer’s 's instructions and governmental regulations and in proper storage containers and as are necessary or appropriate for the operation of the commercial business of any Loan each Credit Party or of its tenants, in each case except as set forth on Schedule 5.7.

Appears in 1 contract

Samples: Financing Agreement (Cpac Inc)

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O.S.H.A. and Environmental Compliance. Except as disclosed on Schedule 5.7 or with respect to any Environmental Complaint, (a) Each Loan Party has duly complied, complied in all material respectsrespects with, 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; to Loan Parties’ knowledge there have been no outstanding citations, notices or orders of non-compliance issued to any Loan Party or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations, in each case except as set forth on Schedule 5.7. (b) Each Loan Party has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws, required in respect of the operation of its respective businesses, where the failure to obtain same would result in, or is reasonably likely to result in, a Material Adverse Effectexcept as set forth on Schedule 5.7. (c) To the knowledge of Loan Parties (i) there There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as each, a ReleasesRelease”) of Hazardous Substances at at, upon, under or within any Real Property; (ii) to the best knowledge of the Loan Parties, there are no underground storage tanks or polychlorinated biphenyls on the any Real Property; (iii) to the best knowledge of the Loan Parties, the Real Property has ever never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) no Hazardous Substances are present on the any Real Property, 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 of its tenants, in each case except as set forth on Schedule 5.7.

Appears in 1 contract

Samples: Loan Agreement (Verrazano,inc.)

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