Permits; Environmental Matters. (a) Except as otherwise set forth in Schedule 3.17(a), the Company has all Permits necessary for the Company to own, operate, use and/or maintain its Properties and to conduct its business and operations as presently conducted and as expected to be conducted in the future. Except as otherwise set forth in Schedule 3.17(a), all such Permits are in effect, no proceeding is pending or, to the Knowledge of the Company, threatened to modify, suspend or revoke, withdraw, terminate, or otherwise limit any such Permits, and no administrative or governmental actions have been taken or, to the Knowledge of the Company, threatened in connection with the expiration or renewal of such Permits which could adversely affect the ability of the Company to own, operate, use or maintain any of its Properties or to conduct its business and operations as presently conducted and as expected to be conducted in the future. Except as otherwise set forth in Schedule 3.17(a), (i) no violations have occurred that remain uncured, unwaived, or otherwise unresolved, or are occurring in respect of any such Permits, other than inconsequential violations, and (ii) no circumstances exist that would prevent or delay the obtaining of any requisite consent, approval, waiver or other authorization of the transactions contemplated hereby with respect to such Permits that by their terms or under applicable law may be obtained only after Closing.
Permits; Environmental Matters. (a) Except as otherwise set forth in Schedule 3.25(a), the Company has all permits, approvals, and licenses, granted by a Governmental Authority with appropriate jurisdiction over the Properties or business of the Company (“Permits”) necessary for the Company to own, operate, use and/or maintain its properties and to conduct its business and operations as presently conducted. Except as otherwise set forth in Schedule 3.25(a), all such Permits are in effect, no proceeding is pending or, to the Knowledge of the Company, threatened to modify, suspend or revoke, withdraw, terminate, or otherwise limit any such Permits, and no administrative or governmental actions have been taken or, to the Knowledge of the Company, threatened in connection with the expiration or renewal of such Permits which would adversely affect the ability of the Company to own, operate, use or maintain any of its Properties or to conduct its business and operations as presently conducted. Except as otherwise set forth in Schedule 3.25(a), (i) no violations have occurred that remain uncured, unwaived, or otherwise unresolved, or are occurring in respect of any such Permits, other than inconsequential violations, (ii) no circumstances exist that would prevent or delay the obtaining of any requisite consent, approval, waiver or other authorization of the transactions contemplated hereby with respect to such Permits that by their terms or under applicable law may be obtained only after Closing, and (iii) there exists no set of facts which could reasonably be expected to furnish a basis for the recall, withdrawal or suspension of any Permit, with respect to the Company.
Permits; Environmental Matters. (a) Except as otherwise set forth in Company Schedule 3.16(a) hereto, the Company has all material Permits necessary for the Company to own, operate, use and/or maintain its Properties and to conduct its Business and operations as presently conducted. Except as otherwise set forth in Company Schedule 3.16(a) hereto, all such Permits are in effect, no proceeding is pending or, to the Knowledge of the Company, threatened to modify, suspend or revoke, withdraw, terminate or otherwise limit any such Permits, and no actions by a Governmental Authority have been taken or, to the Knowledge of the Company, threatened in connection with the expiration or renewal of such Permits which could materially adversely affect the ability of the Company to own, operate, use or maintain any of its Properties or to conduct its Business as presently conducted. Except as otherwise set forth in Company Schedule 3.16(a) hereto, the Company is in compliance in all material respects with such Permits.
Permits; Environmental Matters. 15 5.18 Banks.............................................................................. 15 5.19 Suppliers.......................................................................... 15 5.20 [Reserved] ........................................................................ 15 5.21
Permits; Environmental Matters. Except as set forth in Schedule 1.5, the Borrower has obtained all Project Permits and other authorizations required under all Environmental Laws to carry on its business as now being conducted. Schedule 1.5 contains a complete list as of the Effective Date of all Project Permits required to be issued or anticipated to be issued to Borrower for the Project. Except as set forth in Schedule 1.5, as of the Effective Date each of such Project Permits and authorizations is in good standing, final, in full force and effect and not subject to appeal, rehearing or reconsideration. Each such Project Permit required as of the date this representation and warranty is made or deemed made is, except as set forth on Schedule 1.5, in full force and effect, and Borrower is in compliance in all material respects with the terms and conditions of all such Project Permits and authorizations, and is also in compliance in all material respects with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in any applicable Environmental Law or in any regulation, code, plan, order, or demand letter issued, entered, promulgated or approved thereunder. Borrower is not and has not been in violation of any Environmental Law which violation could reasonably be expected to result in a liability to Lender or its properties and assets, or, except as could not reasonably be expected to result in a Material Adverse Effect, a liability to Borrower or its properties and assets, or in an inability of Borrower to perform its obligations under the Loan Documents. Neither Borrower, nor to Borrower's knowledge, has any other Person used, Released, generated, manufactured, or produced any Hazardous Substances in connection with the Project that could reasonably be expected to subject Lender to liability, or, except as could not reasonably be expected to result in a Material Adverse Effect, Borrower to liability, under any Environmental Law.
Permits; Environmental Matters. (a) Except as otherwise set forth in Schedule 2.18(a) attached hereto or where the failure to do so would not have a Material Adverse Effect, the Company has all Permits necessary for it to own, operate, Use, and maintain its assets and to conduct its business as presently conducted. Except as otherwise set forth in Schedule 2.18(a), all such Permits are in effect, no proceeding is pending or, to the Knowledge of the Company, threatened to modify, suspend, revoke, withdraw, terminate, or otherwise limit any such Permits, and no administrative or governmental actions have been taken or, to the Knowledge of the Company, threatened in connection with the expiration or renewal of such Permits that could adversely affect the ability of the Company to own, operate, Use, or maintain any of its assets or to conduct its business as presently conducted.
Permits; Environmental Matters. (a) Except as otherwise set forth in Schedule 3.16(a), the Seller has all Permits necessary for the Seller to conduct the Business as presently conducted. Except as otherwise set forth in Schedule 3.16(a), all such Permits are in effect, no proceeding is pending or, to the Knowledge of the Seller, threatened to modify, suspend or revoke, withdraw, terminate, or otherwise limit any such Permits, and no administrative or governmental actions have been taken or, to the Knowledge of the Seller, threatened in connection with the expiration or renewal of such Permits which could adversely affect the ability of the Buyer to conduct the Business subsequent to Closing as presently conducted. Except as otherwise set forth in Schedule 3.16(a), (i) no violations have occurred that remain uncured, unwaived, or otherwise unresolved, or are occurring in respect of any such Permits, other than inconsequential violations, and (ii) no circumstances exist that would prevent or delay the obtaining of any requisite consent, approval, waiver or other authorization of the transactions contemplated hereby with respect to such Permits that by their terms or under applicable law may be obtained only after Closing.
Permits; Environmental Matters. 16 3.18 Banks........................................................16 3.19 Suppliers....................................................16 3.20 Absence of Certain Business Practices........................17 3.21 Services and Non-Governmental Authorizations.................17 3.22 Transactions With Affiliates.................................17 TABLE OF CONTENTS (continued) Page
Permits; Environmental Matters. Schedule 8(r) contains a true and complete list of all Permits Used by each Seller in the conduct of the Business, setting forth the grantor, grantee, the function and the expiration and renewal date of each. Prior to the execution of this Agreement, each Seller has delivered to the Buyer true and complete copies of all such Permits. Except as otherwise set forth in Schedule 8(r), each Seller has all Permits necessary for such Seller to own, operate, use and maintain its properties and to conduct its business and operations as presently conducted and as expected to be conducted in the future.
Permits; Environmental Matters. The Company and its subsidiary have accrued or otherwise provided, in accordance with generally accepted accounting principles, consistently applied, for all damages, liabilities, penalties or costs that it may incur in connection with any claim pending or threatened against them, or any requirement that is or may be applicable to them, under any Environmental Laws, and such accrual or other provision is reflected in the Company's most recent SEC Financial Statements, except as disclosed in Schedule 2.15, which disclosed items could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to the Company or its subsidiary:
