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

O.S.H.A. and Environmental Compliance. (a) Each Borrower has duly complied with, and its facilities, business, assets, property, 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 have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws. (i) There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property including any premises leased by any Borrower; (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property including any premises leased by any Borrower; (iii) the Real Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) no Hazardous Substances are present on the Real Property 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 of its tenants.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Green Plains Renewable Energy, Inc.), Revolving Credit and Security Agreement (Valuevision Media Inc)

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O.S.H.A. and Environmental Compliance. (a) Each Borrower has duly complied in all material respects with, and its facilities, business, assets, property, 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 Act and all other applicable Environmental Laws; there have been are no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower has been issued all required federal, state state, provincial and local licenses, certificates or permits relating to all applicable Environmental Laws. (i) There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property including any premises leased by any Borrower; (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property including any premises leased by any Borrower; (iii) the Real Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) no Hazardous Substances are present on the Real Property 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 of its tenants.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Katy Industries Inc)

O.S.H.A. and Environmental Compliance. (a) Each Borrower has duly complied with, and its facilities, business, assets, property, 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; Laws and there have been are no material outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower has been issued all required material federal, state and local licenses, certificates or permits required for its operations relating to all applicable Environmental Laws. (ic) There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property Property, including any premises leased by any Borrower, which require a response action; and, to the knowledge of each Borrower, (iii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property Property, including any premises leased by any Borrower; (iiiii) the Real Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iviii) no Hazardous Substances are present on the Real Property Property, including any premises leased by any Borrower, excepting except in such quantities and as are handled in accordance with all applicable manufacturer’s instructions and governmental regulations Environmental Laws and in proper storage containers and as are necessary for the operation of the commercial business of any Borrower or of its tenants.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Valuevision Media Inc)

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O.S.H.A. and Environmental Compliance. (a) Each Borrower has Credit Parties have duly complied with, and its their facilities, business, assets, property, 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 have been no outstanding material citations, notices or orders of non-compliance issued to any Borrower Credit Parties or relating to its their business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Each Borrower has Credit Parties have been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws. (i) There are no visible signs of releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property including or any premises leased by any BorrowerCredit Parties; (ii) there are no underground storage tanks or polychlorinated biphenyls on the Real Property including or any premises leased by any BorrowerCredit Parties; (iii) neither the Real Property including nor any premises leased by any Borrower has never Credit Parties have ever been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) no Hazardous Substances are present on the Real Property including or any premises leased by any BorrowerCredit Parties, 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 Credit Parties or of its their tenants.

Appears in 1 contract

Samples: Term Loan Credit and Security Agreement (Hudson Technologies Inc /Ny)

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