Other Environmental Matters. To the knowledge of Seller, Seller has not caused or taken any action that resulted in, and Seller is not subject to, any material liability or obligation on the part of Seller, relating to (x) the environmental conditions on, under, or about the Real Property or other properties or assets owned, leased, operated or used by Seller in the Business including without limitation, the air, soil and groundwater conditions at such properties or (y) the use, management, handling, transport, treatment, generation, storage, disposal or Release of any Hazardous Materials by Seller.
Other Environmental Matters. To the knowledge of Company and Shareholders, there are no underground storage tanks on any portion of the Real Estate, and the Real Estate is free of dangerous levels of naturally-emitted radon. To the knowledge of Company and Shareholders, no portion of the Real Estate has ever been used as a landfill. Company has furnished to Parent a copy of any environmental audit, study, report or other analysis on the Real Estate, which Company or its Affiliates obtained or was furnished.
Other Environmental Matters. (a) As of the Measurement Date, to the knowledge of the AREH Selling Parties, there does not exist on, at, in or under the Adjacent Real Property or any other real property presently or formerly owned, leased, operated or used by any of the AREH Subs any Hazardous Substance that would reasonably be expected to give rise to a material liability. As of the Measurement Date, to the knowledge of the AREH Selling Parties, each of the AREH Subs is in compliance in all material respects with all applicable Environmental Laws.
(b) As of the Measurement Date, there are no pending or, to the knowledge of the AREH Selling Parties, threatened claims or other proposed actions or proceedings by any Person (including any Governmental Entity or third party) affecting the Adjacent Real Property or any other real property presently or formerly owned, leased, operated or used by the AREH Subs under or pursuant to any Environmental Laws that would reasonably be expected to give rise to a material liability.
(c) As of the Measurement Date, and to the knowledge of the AREH Selling Parties, there are no, and there have not been any, aboveground or underground storage tanks on, at, in or under the Adjacent Real Property or any other real property presently or formerly owned, leased, operated or used by the AREH Subs.
(d) As of the Measurement Date, none of the AREH Subs has used, treated, stored or disposed of, arranged for or permitted the disposal of, transported, handled or released any Hazardous Substances, or owned or operated any facility (including without limitation the Traymore Property) in a manner that has given or would reasonably be expected to give rise to any material liability, including any liability for response costs, corrective action costs, personal injury, property damage, natural resources damage or attorneys fees, pursuant to any Environmental Laws.
(e) As of the Measurement Date, accurate and complete copies of all environmental reports, tests, studies, investigations and surveys performed on or with respect to the Adjacent Real Property by, on behalf of or in the possession of any of the AREH Subs have been provided to Buyer.
(f) As of the Measurement Date, none of the AREH Selling Parties has received any written order, citation, directive, inquiry, notice, summons, warning or other communication of any alleged potential or actual violation of Environmental Law or any actual or potential material Environmental Liability respecting the Adjacent Real Prop...
Other Environmental Matters. As to all operations relating to the business: (a) Alanco and its Subsidiaries have complied with all applicable federal, state and local laws, regulations, rulings and guidelines (collectively referred to as "Environmental Laws") in all material respects relating to any Materials used, generated, managed, handled, treated, stored or disposed of at, or moved or transported from, the sites where the Business is conducted; (b) neither Alanco nor any Subsidiary has received any notices that it has been designated as a "Potentially Responsible Party," a "Responsible Party," (as those terms are defined, used or construed pursuant to CERCLA or its state or local counterparts) or a defendant in any action, suit or proceeding pursuant to any Environmental Law; (c) no Materials have been delivered to any site listed by the United States Environmental Protection Agency (i.e., CERCLA or NPL) or by any state as a site that actually or potentially requires investigation or remedial action; (d) neither Alanco nor any Subsidiary is a party to, have received notice of, or is aware of any actual or threatened litigation or administrative proceedings concerning environmental claims or liabilities; and (e) there are no environmental studies or reports in the possession or control of Alanco or any Subsidiary.
Other Environmental Matters. Except as set forth on Schedule --------------------------- 3.17
(i) None of the Company, its Subsidiaries or, to the knowledge of the Company or its Subsidiaries, any other Person, has caused or taken any action that will result in, and neither the Company nor its Subsidiaries is subject to, any liability or obligation relating to (x) the environmental conditions on, - under, or about the Real Property or other properties or assets currently or formerly owned, leased, operated or used by the Company, its Subsidiaries or any predecessor thereto, including without limitation, the air, soil and groundwater conditions at such properties or (y) the past or present use, management, - handling, transport, treatment, generation, storage, disposal or Release of any Hazardous Materials.
(ii) No Environmental Claims have been asserted against the Company, its Subsidiaries, or, to the knowledge of the Company, any predecessor in interest, nor does the Company have knowledge or notice of any threatened or pending Environmental Claim against the Company, its Subsidiaries or any predecessor in interest.
(iii) The Purchaser has been furnished with all information, including, without limitation, all studies, analyses, reports and investigations, in the possession, custody or control of the Company or its agents relating to (x) the - environmental conditions on, under or about the Real Property or other properties or assets currently or formerly owned, leased, operated or used by the Company, its Subsidiaries or any predecessor in interest thereto, and (y) - any Hazardous Materials used, managed, handled, transported, treated, generated, stored or Released by the Company, its Subsidiaries or any other Person, in a manner subject to regulation under any Environmental Law, on, under, about or from any of the Real Property, or otherwise in connection with the use or operation of any of the properties and assets of the Company or its Subsidiaries or the Business.
Other Environmental Matters. Except as described on Schedule 3.15(b) and where such action or condition would not cause a Material Adverse Effect, the Company has not caused or taken any action that resulted in, and the Company is not subject to, any liability or obligation relating to (i) the environmental conditions on, under, or about the Leased Real Property or other properties or assets owned, leased, operated or used by the Company, including the air, soil and groundwater conditions at such properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal or Release of any Hazardous Substances by the Company.
Other Environmental Matters. (a) Except as set forth in Schedule 5.30, (i) the Loan Parties and their Subsidiaries are and have been in compliance with all Environmental Laws, except for such noncompliance which would not reasonably be expected to have a Material Adverse Effect; (ii) the Loan Parties and their Subsidiaries have obtained, and are in compliance with, all Environmental Permits required by Environmental Laws for the operations of their respective businesses as presently conducted or as proposed to be conducted, except where the failure to so obtain or comply with such Environmental Permits would not reasonably be expected to have a Material Adverse Effect, and all such Environmental Permits are valid, uncontested and in good standing; (iii) no Loan Party and no Subsidiary of a Loan Party is involved in operations or knows of any facts, circumstances or conditions, including any Releases of Hazardous Materials, that are likely to result in a Material Adverse Effect, and no Loan Party and no Subsidiary of a Loan Party has permitted any current or former tenant or occupant of the Real Property to engage in any such operations; (iv) no notice has been received by any Loan Party or any of its Subsidiaries identifying it as a “potentially responsible party” or requesting information under CERCLA or analogous laws, and to the knowledge of the Loan Parties, there are no facts, circumstances or conditions that could reasonably be expected to result in any Loan Party or any Subsidiary of a Loan Party being identified as a “potentially responsible party” under CERCLA or analogous laws; and (v) the Loan Parties have provided to Agent copies of all existing environmental reports, reviews and audits and all written information pertaining to actual or potential Environmental Liabilities, in each case relating to any Loan Party and its Subsidiaries.
Other Environmental Matters. (a) Except as set forth on Schedule 3.28 hereto, the Real Estate has been operated by the Company and is in compliance in all material respects with all Applicable Laws, including Environmental Laws. To the Knowledge of the Company, the Shareholder or the Principals, except as set forth on Schedule 3.28 hereto, the Company otherwise complies in all material respects with all Environmental Laws. To the Knowledge of the Company, the Shareholder or the Principals, except as set forth on Schedule 3.28 hereto, the Company has obtained or has taken appropriate steps, as required by Environmental Laws and Applicable Laws, to obtain all environmental, health and safety Permits and other authorizations necessary for the ownership and operation of the Business, and to the Knowledge of the Company, the Shareholder or the Principals, all of the Permits and other such authorizations are in good standing, and the Company is in compliance in all material respects with such Permits and other such authorizations. The Real Estate is not subject to any "Super-Fund" type Encumbrances by any Person arising from the release or Threatened release of any Hazardous Materials in, on or under the Real Estate.
(b) To the Knowledge of the Company, all of the third parties with which the Company has engaged or contracted to accept, treat, transport, store, dispose or remove any Hazardous Material from the Real Estate were properly permitted at the relevant time to perform the foregoing activities or conduct.
(c) Except as described on Schedule 3.28 hereto, there are not currently and to the Knowledge of the Company, the Shareholder or the Principals, never have been any xxxxx or underground and/or above ground storage tanks (whether or not currently in use) on any parcel of Real Estate and, to the extent such tanks are described in Schedule 3.28, all such xxxxx and tanks are, to the Knowledge of the Company, the Shareholder or the Principals, not leaking and in compliance with Environmental Laws.
(d) Except as set forth on Schedule 3.28 hereto, no part of any parcel of Real Estate is now being used, nor, to the Knowledge of the Company, the Shareholder or the Principals, has any parcel of Real Estate ever been used, as a landfill, dump or other disposal, storage, transfer, treating or handling area for any Hazardous Materials except in material compliance with all Environmental Laws, or as a gasoline service station or a facility for selling, dispensing, transferring or treating Hazard...
Other Environmental Matters. As to all operations relating to the Business: (a) to Arraid's knowledge, Arraid has complied with all applicable federal, state and local laws, regulations, rulings and guidelines (collectively referred to as "Environmental Laws") in all material respects relating to any Materials used, generated, managed, handled, treated, stored or disposed of at, or moved or transported from, the sites where its business is conducted; (b) Arraid has not received any notices that it has been designated as a "Potentially Responsible Party," a "Responsible Party," (as those terms are defined, used or construed pursuant to CERCLA or its state or local counterparts) or a defendant in any action, suit or proceeding pursuant to any Environmental Law; (c) to Arraid's knowledge, no Materials have been delivered to any site listed by the United States Environmental Protection Agency (i.e., CERCLA) or by any state as a site that actually or potentially requires investigation or remedial action; (d) Arraid is not a party to, have received notice of, or is aware of any actual or threatened litigation or administrative proceedings concerning environmental claims or liabilities; and (e) there are no environmental studies or reports in the possession or control of Arraid.
Other Environmental Matters. The Company is not subject to any Indebtedness, liability or obligation (other than the general obligation to comply with Environmental Laws) relating to (i) the past or present use, management, handling, transport, treatment, generation, storage, disposal or Release of any Hazardous Materials (whether as the result of an act or omission by the Company or any other Person) or (ii) the presence of Hazardous Materials (whatever the cause of such presence) on, under or in connection with any real property (including the water underlying any such real property) owned or used by the Company, and, to the Knowledge of the Seller Group, there are no threats thereof. The Sealed Air Parties have disclosed and made available to the Purchaser all information, including all studies, analyses and test results conducted in the last 3 years and in the possession, custody or control of or otherwise known to the Sealed Air Parties or the Company relating to (i) the environmental conditions on, under, or about the Assets owned, leased, operated or used presently or in the past by the Company or any predecessor thereto, and (ii) any Hazardous Materials used, managed, handled, transported, treated, generated, stored or Released by the Company or any other Person on, under, about or from any of the Assets, or otherwise in connection with the use or operation of any of the Assets of the Company or the Business.
