Common use of O.S.H.A. Environmental Compliance; Flood Insurance Clause in Contracts

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect and (ii) there are no outstanding citations, notices or orders of non-compliance received by any Borrower relating to its business, assets, property, leaseholds or Equipment under (x) OSHA or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower has all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any Borrower, except for those Releases which are in material compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any Borrower; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any Borrower, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, including any premises owned, leased or occupied by any Borrower, has never been used by any Borrower to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower on any Real Property including any premises owned, leased or occupied by any Borrower, excepting such quantities as are managed in material compliance with Environmental Laws. (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, including, but not limited 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 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 heretocould not reasonably be expected to have a Material Adverse Effect, (i) each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effectregulations. (b) Except as set forth on Schedule 5.7 hereto or as would could not reasonably be expected to result in have a Material Adverse Effect, (i) each Borrower Loan Party has been issued all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would could not reasonably be expected to result in have a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by of any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, including Property of any premises owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including of any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers required to be subject to a Mortgage 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party 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 Collateralall Real Property required to be subject to a Mortgage, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any such Real Property that will be subject to a Mortgage in favor of Agent, for the benefit of LendersProperty, and, to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateralsubject to a Mortgage.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) as such Schedule may be updated from time to time in accordance with the terms hereof, each Borrower Loan Party is in compliance in all material respects with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would regulations which could reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or hereto, as would not reasonably such Schedule may be expected updated from time to result time in a Material Adverse Effectaccordance with the terms hereof, (i) each Borrower Loan Party has been issued all required material federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or hereto, as would not such Schedule may be updated from time to time in accordance with the terms hereof, and except as could reasonably be expected to result in have a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has taken all actions required under the Flood Laws and/or requested by Agent to assist in ensuring that each Lender is in compliance in all material respects with the Flood Laws applicable to the Collateral, including, but not limited 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 mortgage or deed of trust in favor of Agent, for the benefit of Lenders, and, to the extent requiredrequired by Applicable Law, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Loan Party is in compliance in all material respects with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would regulations which could reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or hereto, as would not reasonably such Schedule may be expected updated from time to result time in a Material Adverse Effectaccordance with the terms hereof, (i) each Borrower Loan Party has been issued all required material federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or hereto, as would such Schedule may be updated from time to time in accordance with the terms hereof, and except as could not reasonably be expected to result in have a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has taken all actions required under the Flood Laws and/or requested by Agent to assist in ensuring that each Lender is in compliance in all material respects with the Flood Laws applicable to the Collateral, including, but not limited 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 mortgage or deed of trust in favor of Agent, for the benefit of Lenders, and, to the extent requiredrequired by Applicable Law, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) as such Schedule may be updated from time to time in accordance with the terms hereof, each Borrower Loan Party is in compliance in all material respects with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would regulations which could reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or hereto, as would not reasonably such Schedule may be expected updated from time to result time in a Material Adverse Effectaccordance with the terms hereof, (i) each Borrower Loan Party has been issued all required material federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or hereto, as would such Schedule may be updated from time to time in accordance with the terms hereof, and except as could not reasonably be expected to result in have a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has taken all actions required under the Flood Laws and/or requested by Agent to assist in ensuring that each Lender is in compliance in all material respects with the Flood Laws applicable to the Collateral, including, but not limited 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 mortgage or deed of trust in favor of Agent, for the benefit of Lenders, and, to the extent requiredrequired by Applicable Law, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect and (ii) there are no outstanding citations, notices or orders of non-compliance received by any Borrower relating to its business, assets, property, leaseholds or Equipment under (x) OSHA or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower has all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) and (ii) all such Approvals are current and in full force and effect.. [Innovex] 2nd A&R Credit Agreement 103 (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any Borrower, except for those Releases which are in material compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any Borrower; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any Borrower, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, including any premises owned, leased or occupied by any Borrower, has never been used by any Borrower to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower on any Real Property including any premises owned, leased or occupied by any Borrower, excepting such quantities as are managed in material compliance with Environmental Laws. (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, including, but not limited 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 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Loan Party is in compliance in all material respects with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would regulations which could reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effecthereto, (i) each Borrower Loan Party has been issued all required material federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or hereto, and except as would could not reasonably be expected to result in have a Material Adverse Effect, as of the Closing Date: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has taken all actions required under the Flood Laws and/or requested by Agent the Required Lenders to assist in ensuring that each Lender is in compliance in all material respects with the Flood Laws applicable to the Collateral, including, but not limited to, providing Agent and Lenders with the address and/or GPS coordinates of each structure located upon any Real Property that will be subject to a Mortgage mortgage or deed of trust in favor of Agent, for the benefit of Lenders, and, to the extent requiredrequired by Applicable Law, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholdsLeasehold Interests, Real Property and Equipment are (to the extent applicable) in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, ​ ​ leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) regulations, except where such non-compliance, citation, notice or (y), would order could not reasonably be expected to result in a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto hereto, each Loan Party (to the extent applicable) has been issued all required federal, Canadian, state, provincial, territorial and local licenses, certificates or as would permits (collectively, “Approvals”) relating to all applicable Environmental Laws and all such Approvals are current and in full force and effect, except to the extent those which have not been issued or are not current and in full force and effect and the consequences thereof could not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower has all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would hereto, and except where the consequences thereof could not reasonably be expected to result in a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has (to the extent applicable) 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, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Owned Real Property that will be subject to a Mortgage mortgage or deed of trust in favor of Agent, for the benefit of 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholdsLeasehold Interests, Real Property and Equipment are (to the extent applicable) in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) regulations, except where such non-compliance, citation, notice or (y), would order could not reasonably be expected to result in a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto hereto, each Loan Party (to the extent applicable) has been issued all required federal, Canadian, state, provincial, territorial and local licenses, certificates or as would permits (collectively, “Approvals”) relating to all applicable ​ Environmental Laws and all such Approvals are current and in full force and effect, except to the extent those which have not been issued or are not current and in full force and effect and the consequences thereof could not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower has all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would hereto, and except where the consequences thereof could not reasonably be expected to result in a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has (to the extent applicable) 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, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Owned Real Property that will be subject to a Mortgage mortgage or deed of trust in favor of Agent, for the benefit of 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto4.6 hereto or as would not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower U.S. Loan Party is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations and (xii) OSHA or (y) any Environmental Laws that in each case no Loan Party, nor, to the knowledge of the foregoing clause (x) Loan Parties, any other Person has caused any Release of any Hazardous Materials at any Real Property requiring any reporting, response, investigation, monitoring, cleanup, removal or (y), would reasonably be expected remedial action pursuant to result in a Material Adverse Effectany applicable Environmental Laws. (b) Except as set forth on Schedule 5.7 4.6 hereto or as would not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower Loan Party has been issued all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected All Material Real Estate subject to result in a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any Borrower, except for those Releases which are in material compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any Borrower; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any Borrower, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, including any premises owned, leased or occupied by any Borrower, has never been used by any Borrower to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower on any Real Property including any premises owned, leased or occupied by any Borrower, excepting such quantities as are managed in material compliance with Environmental Laws. (d) All Real Property owned by Borrowers Mortgage 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 applicable Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has taken all actions required under the Flood Laws and/or requested by the Agent to assist in ensuring that each Lender is in compliance with the Flood Laws applicable to the CollateralCollateral of any U.S. Guarantor, including, but not limited to, providing the Agent with the address and/or GPS coordinates description of each structure located upon any Material Real Property Estate in the United States that will be subject to a Mortgage in favor of Agent, for the benefit of LendersSecured Parties, 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholdsLeasehold Interests, Real Property and Equipment are (to the extent applicable) in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) regulations, except where such non-compliance, citation, notice or (y), would order could not reasonably be expected to result in a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto hereto, each Loan Party (to the extent applicable) has been issued all required federal, Canadian, state, provincial, territorial and local licenses, certificates or as would permits (collectively, “Approvals”) relating to all applicable Environmental Laws and all such Approvals are current and in full force and effect, except to the extent those which have not been issued or are not current and in full force and effect and the consequences thereof could not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower has all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would hereto, and except where the consequences thereof could not reasonably be expected to result in a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and ​ compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has (to the extent applicable) 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, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Owned Real Property that will be subject to a Mortgage mortgage or deed of trust in favor of Agent, for the benefit of 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 heretofor any matters that would not be reasonably expected to have a Material Adverse Effect, (i) each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment equipment are in compliance with OSHA with, the provisions of the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws regulations that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or as for any matters that would not be reasonably be expected to result in have a Material Adverse Effect, (i) each Borrower Loan Party, to its knowledge after due inquiry, has been issued all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as for any matters that would not be reasonably be expected to result in have a Material Adverse Effect, after due inquiry: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in compliance in all material compliance respects with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerProperty, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, including any premises owned, leased or occupied by any Borrower, Property has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in all material respects in accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers a Loan Party and subject to a Mortgage, if any, 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party 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 Real Estate, if any, constituting Collateral, including, but not limited 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 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholdsLeasehold Interests, Real Property and Equipment are (to the extent applicable) in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) regulations, except where such non-compliance, citation, notice or (y), would order could not reasonably be expected to result in a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto hereto, each Loan Party (to the extent applicable) has been issued all required federal, Canadian, state, provincial, territorial and local licenses, certificates or as would permits (collectively, “Approvals”) relating to all applicable Environmental Laws and all such Approvals are current and in full force and effect, except to the extent those which have not been issued or are not current and in full force and effect and the consequences thereof could not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower has all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would hereto, and except where the consequences thereof could not reasonably be expected to result in a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental Laws.Laws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. ​ (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has (to the extent applicable) 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, including, but not limited to, providing Agent with the address and/or GPS coordinates of each structure located upon any Material Owned Real Property that will be subject to a Mortgage mortgage or deed of trust in favor of Agent, for the benefit of 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 heretohereto or as, (i) individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect, each Borrower and each Guarantor is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and applicable Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower or any Guarantor or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such applicable laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effectregulations. (b) Except as set forth on Schedule 5.7 hereto or where the failure to obtain and maintain any such Approvals (as would hereinafter defined) could not reasonably be expected to result in have a Material Adverse Effect, (i) each Borrower and each Guarantor has been issued all required federal, provincialstate, state territorial, provincial and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect5.7: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or, to the reasonable knowledge of such Borrower or Guarantor, occupied by any BorrowerBorrower or any Guarantor, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or, to the reasonable knowledge of such Borrower or Guarantor, occupied by any BorrowerBorrower or any Guarantor, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, Property (including any premises owned, leased or, to the reasonable knowledge of such Borrower or Guarantor, occupied by any Borrower, Borrower or any Guarantor) has never been used by any Borrower or any Guarantor to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower or any Guarantor on any Real Property (including any premises owned, leased or, to the reasonable knowledge of such Borrower or Guarantor, occupied by any BorrowerBorrower or any Guarantor), excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Borrower, of any Guarantor, or of any tenant of any of the foregoing. (d) All Real Property owned by Borrowers and Guarantors 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 and Guarantor in accordance with prudent business practice in the industry of such BorrowerBorrower and Guarantor. Each Borrower and Guarantor 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, including, but not limited 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 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Loan Party is in compliance in all material respects with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would regulations which could reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or hereto, as would not reasonably be expected to result in a Material Adverse Effect, (i) of the Closing Date each Borrower Loan Party has been issued all required material federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or hereto, as would such Schedule may be amended from time to time in accordance with the terms hereof, and except as could not reasonably be expected to result in have a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has taken all actions required under the Flood Laws and/or requested by Agent the Required Lenders to assist in ensuring that each Lender is in compliance in all material respects with the Flood Laws applicable to the Collateral, including, but not limited to, providing Agent and Lenders with the address and/or GPS coordinates of each structure located upon any Real Property that will be subject to a Mortgage mortgage or deed of trust in favor of Agent, for the benefit of Lenders, and, to the extent requiredrequired by Applicable Law, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 heretohereto or as, (i) individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect, each Borrower and each Guarantor is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and applicable Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower or any Guarantor or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such applicable laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effectregulations. (b) Except as set forth on Schedule 5.7 hereto or where the failure to obtain and maintain any such Approvals (as would hereinafter defined) could not reasonably be expected to result in have a Material Adverse Effect, (i) each Borrower and each Guarantor has been issued all required federal, provincialstate, state territorial, provincial and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect5.7: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or, to the reasonable knowledge of such Borrower or Guarantor, occupied by any BorrowerBorrower or any Guarantor, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or, to the reasonable knowledge of such Borrower or Guarantor, occupied by any BorrowerBorrower or any Guarantor, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, Property (including any premises owned, leased or, to the reasonable knowledge of such Borrower or Guarantor, occupied by any Borrower, Borrower or any Guarantor) has never been used by any Borrower or any Guarantor to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower or any Guarantor on any Real Property (including any premises owned, leased or, to the reasonable knowledge of such Borrower or Guarantor, occupied by any BorrowerBorrower or any Guarantor), excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Borrower, of any Guarantor, or of any tenant of any of the foregoing. (d) All Real Property owned by Borrowers Xxxxxxxxx and Guarantors 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 and Guarantor in accordance with prudent business practice in the industry of such BorrowerBorrower and Guarantor. Each Borrower and Guarantor 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, including, but not limited 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 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 heretoto the extent non-compliance would not reasonably be expected to have a Material Adverse Effect, (i) each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment Fixed Assets are in compliance with OSHA with, to the extent applicable, the Federal Occupational Safety and Health Act and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect and (ii) there are no . Any outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment Fixed Assets under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case regulations are set forth on Schedule 5.11; provided no such citations, notices or orders of the foregoing clause (x) or (y), non- compliance would reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower Each Loan Party has been issued all required federal, provincialstate, state provincial and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) required under all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect, except to the extent failure to maintain such Approvals would not reasonably be expected to have a Material Adverse Effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect5.11: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party or any Subsidiary thereof, except for those Releases which are in compliance, in all material compliance respects, with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party or any Subsidiary thereof, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws, in all material respects; (iii) the Real Property, Property including any premises owned, leased or occupied by any Borrower, Loan Party or any Subsidiary thereof has never been used by any Borrower Loan Party or any Subsidiary thereof to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party or any Subsidiary thereof on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party or any Subsidiary thereof, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental Laws, in all material respects, and as are necessary for the operation of the commercial business of any Loan Party or any Subsidiary thereof or of its tenants. (d) All Real Property owned by Borrowers Loan Parties and their Subsidiaries 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 Loan Party or Subsidiary thereof in accordance with prudent business practice in the industry of such BorrowerPerson. Each Borrower Loan Party and Subsidiary thereof 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, including, but not limited 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 Lenders, and, to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateralcontents.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Company is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment equipment are in compliance with OSHA the Federal Occupational Safety and Health Act and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Company or relating to its business, assets, property, leaseholds or Equipment equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effectregulations. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effecthereto, (i) each Borrower Company has been issued all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effecthereto: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerCompany, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerCompany, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, including any premises Property owned, leased or occupied by any Borrower, Company has never been used by any Borrower Company to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Company on any Real Property including any premises owned, leased or occupied by any BorrowerCompany, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Company or of its tenants. (d) All Real Property owned by Borrowers Companies 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 Company in accordance with prudent business practice in the industry of such BorrowerCompany. Each Borrower Company has taken all actions required under the Flood Laws and/or requested by Agent to assist in ensuring that each Lender Cash Collateral Provider is in compliance with the Flood Laws applicable to the Collateral, including, but not limited 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 LendersCash Collateral Providers, 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 heretohereto or as could not reasonably be expected, (i) individually or in the aggregate, to have a Material Adverse Effect, each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholds, leaseholds and Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment Real Property under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effectregulations. (b) Except as set forth on Schedule 5.7 hereto or as would could not reasonably be expected expected, individually or in the aggregate, to result in have a Material Adverse Effect, (i) each Borrower Loan Party has been issued all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would could not reasonably be expected expected, individually or in the aggregate, to result in have a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has taken all actions required under the Flood Laws and/or reasonably requested by Agent to assist in ensuring that each Lender is in compliance with the Flood Laws applicable to any Collateral consisting of Real Property, it being acknowledged as of the Collateral, including, but not limited to, providing Agent with the address and/or GPS coordinates Closing Date there is no Collateral consisting of each structure located upon any Real Property that will be subject to a Mortgage in favor of Agent, for the benefit of Lenders, and, to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming CollateralProperty.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would regulations which could reasonably be expected to result in a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effecthereto, (i) each Borrower has been issued all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws other than those the failure of which to obtain could not individually or in the aggregate reasonably be expected to have a Material Adverse Effect and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect5.7: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials to which a material liability in excess of $250,000 for each claim or all such claims could reasonably be expected to attach has occurred at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any Borrower, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any Borrower, except for such underground storage tanks or 147420493 polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, Property including any premises owned, leased or occupied by any Borrower, Borrower has never been used by any Borrower to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower on any Real Property including any premises owned, leased or occupied by any Borrower, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Borrower or of its tenants. (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, including, but not limited 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 AgentAgent (if any), for the benefit of 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 heretoto the extent non-compliance would not reasonably be expected to have a Material Adverse Effect, (i) each Borrower Loan Party is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment Fixed Assets are in compliance with OSHA with, to the extent applicable, the Federal Occupational Safety and Health Act and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect and (ii) there are no . Any outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment Fixed Assets under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case regulations are set forth on Schedule 5.11; provided no such citations, notices or orders of the foregoing clause (x) or (y), non-compliance would reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower Each Loan Party has been issued all required federal, provincialstate, state provincial and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) required under all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect, except to the extent failure to maintain such Approvals would not reasonably be expected to have a Material Adverse Effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect5.11: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party or any Subsidiary thereof, except for those Releases which are in compliance, in all material compliance respects, with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party or any Subsidiary thereof, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws, in all material respects; (iii) the Real Property, Property including any premises owned, leased or occupied by any Borrower, Loan Party or any Subsidiary thereof has never been used by any Borrower Loan Party or any Subsidiary thereof to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party or any Subsidiary thereof on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party or any Subsidiary thereof, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental Laws, in all material respects, and as are necessary for the operation of the commercial business of any Loan Party or any Subsidiary thereof or of its tenants. (d) All Real Property owned by Borrowers Loan Parties and their Subsidiaries 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 Loan Party or Subsidiary thereof in accordance with prudent business practice in the industry of such BorrowerPerson. Each Borrower Loan Party and Subsidiary thereof 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, including, but not limited 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 Lenders, and, to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateralcontents.

O.S.H.A. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would regulations which could reasonably be expected to result in a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effecthereto, (i) each Borrower has been issued all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws other than those the failure of which to obtain could not individually or in the aggregate reasonably be expected to have a Material Adverse Effect and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effect5.7: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials to which a material liability in excess of $250,000 for each claim or all such claims could reasonably be expected to attach has occurred at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any Borrower, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any Borrower, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, Property including any premises owned, leased or occupied by any Borrower, Borrower has never been used by any Borrower to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower on any Real Property including any premises owned, leased or occupied by any Borrower, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Borrower or of its tenants. (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, including, but not limited 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 AgentAgent (if any), for the benefit of 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. Environmental Compliance; Flood Insurance. (a) Except In relation to all of the properties located in the United States, except as set forth on Schedule 5.7 hereto, : (ia) each Borrower is The Credit Parties have duly complied in compliance all material respects with, and its their facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA in all material respects with, the provisions of the Federal Occupational Safety and Health Act, RCRA and all other Environmental Laws, except to Laws (in effect at the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect time of the representation); and (ii) there are have been no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Credit Party or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations within the last five (x5) OSHA or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effectyears. (b) Except as set forth on Schedule 5.7 hereto The Credit Parties have been issued or as would not reasonably be expected to result in a Material Adverse Effect, (i) each Borrower has obtained all required federal, provincial, state and local licenses, certificates or permits required under relating to all applicable Environmental Laws (in effect at the time of the representation), except to the extent failure to obtain such licenses, certificates or OSHA for operations of Borrowers’ business (collectively, “Approvals”) and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as permits would not reasonably be expected to result in cause a Material Adverse Effect: . (i) To any Credit Party’s knowledge, there have been are no visible signs of material releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Substances (as defined at the time of the representation) at, upon, under or migrating from or to Borrowers’ knowledge, onto within any Real Property ownedProperty, leased or occupied except as authorized by any Borrower, except for those Releases which are in material compliance with permit or certificate issued pursuant to Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaw; (ii) there are no underground storage tanks or polychlorinated biphenyls on any the Real Property owned, leased or occupied by any Borrower, except for such underground storage tanks or polychlorinated biphenyls that are present those kept in amounts and under circumstances in material compliance with Environmental LawsLaws (in effect at the time of the representation); (iii) to any Credit Party’s knowledge, the Real Property, including any premises owned, leased or occupied by any Borrower, Property has never been used by any Borrower to dispose as a treatment, storage or disposal facility of Hazardous MaterialsWaste (as defined at the time of the representation), except as authorized by (and in compliance with) Environmental Lawspreviously disclosed to Agent; and (iv) no Hazardous Materials Substances (as defined at the time of the representation) are managed by any Borrower handled or stored on any the Real Property including any premises owned, leased or occupied by any BorrowerProperty, excepting such quantities as are managed handled in material compliance accordance with all applicable governmental regulations and in proper storage containers as required by Environmental LawsLaws and as are necessary for the operation of the business of any Credit Party or of its tenants. (d) All Real Property owned by Borrowers Credit Parties is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate and commercially standard coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Borrower Credit Party in accordance with commercially prudent business practice in the industry of such BorrowerCredit Party. Each Borrower Credit Party 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 CollateralCollateral (if any), including, but not limited 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 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Company is in compliance with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment equipment are in compliance with OSHA the Federal Occupational Safety and Health Act and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Company or relating to its business, assets, property, leaseholds or Equipment equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would reasonably be expected to result in a Material Adverse Effectregulations. (b) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effecthereto, (i) each Borrower Company has been issued all required federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or as would not reasonably be expected to result in a Material Adverse Effecthereto: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerCompany, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerCompany, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) the Real Property, including any premises Property owned, leased or occupied by any Borrower, Company has never been used by any Borrower Company to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Company on any Real Property including any premises owned, leased or occupied by any BorrowerCompany, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Company or of its tenants. (d) All Real Property owned by Borrowers Companies 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 Company in accordance with prudent business practice in the industry of such BorrowerCompany. Each Borrower Company 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, including, but not limited 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 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. Environmental Compliance; Flood Insurance. (a) Except as set forth on Schedule 5.7 hereto, (i) each Borrower Loan Party is in compliance in all material respects with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance with OSHA the Federal Occupational Safety and Health Act, and Environmental Laws, except to the extent such non-compliance would not be reasonably expected to result in a Material Adverse Effect Laws and (ii) there are no outstanding citations, notices or orders of non-compliance received by issued to any Borrower Loan Party or relating to its business, assets, property, leaseholds or Equipment under (x) OSHA any such laws, rules or (y) any Environmental Laws that in each case of the foregoing clause (x) or (y), would regulations which could reasonably be expected to result in have a Material Adverse Effect. (b) Except as set forth on Schedule 5.7 hereto or hereto, as would not reasonably be expected to result in a Material Adverse Effect, (i) of the FourthTenth Amendment Effective Date each Borrower Loan Party has been issued all required material federal, provincial, state and local licenses, certificates or permits required under Environmental Laws or OSHA for operations of Borrowers’ business (collectively, “Approvals”) relating to all applicable Environmental Laws and (ii) all such Approvals are current and in full force and effect. (c) Except as set forth on Schedule 5.7 hereto or hereto, as would such Schedule may be amended from time to time in accordance with the terms hereof, and except as could not reasonably be expected to result in have a Material Adverse Effect: (i) there have been no releases, spills, discharges, leaks or disposal of Hazardous Materials (collectively referred to as “Releases”) of Hazardous Materials at, upon, under or migrating from or to Borrowers’ knowledge, onto any Real Property owned, leased or occupied by any BorrowerLoan Party, except for those Releases which are in material full compliance with Environmental Laws or which would not reasonably be expected to result in a violation of any Environmental Law or otherwise result in any liability to any BorrowerLaws; (ii) there are no underground storage tanks or polychlorinated biphenyls on any Real Property owned, leased or occupied by any BorrowerLoan Party, except for such underground storage tanks or polychlorinated biphenyls that are present in compliance with Environmental Laws; (iii) all of the Real Property, including any premises Property owned, leased or occupied by any Borrower, Loan Party has never been used by any Borrower Loan Party to dispose of Hazardous Materials, except as authorized by (and in compliance with) Environmental Laws; and (iv) no Hazardous Materials are managed by any Borrower Loan Party on any Real Property including any premises owned, leased or occupied by any BorrowerLoan Party, excepting such quantities as are managed in material accordance with all applicable manufacturer’s instructions and compliance with Environmental LawsLaws and as are necessary for the operation of the commercial business of any Loan Party or of its tenants. (d) All Real Property owned by Borrowers the Loan Parties 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 Loan Party in accordance with prudent business practice in the industry of such BorrowerLoan Party. Each Borrower Loan Party has taken all actions required under the Flood Laws and/or requested by Agent the Required Lenders to assist in ensuring that each Lender is in compliance in all material respects with the Flood Laws applicable to the Collateral, including, but not limited to, providing Agent and Lenders with the address and/or GPS coordinates of each structure located upon any Real Property that will be subject to a Mortgage mortgage or deed of trust in favor of Agent, for the benefit of Lenders, and, to the extent requiredrequired by Applicable Law, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.