Common use of Pollution and Other Regulations Clause in Contracts

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and its Subsidiaries is in compliance with all Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge the validity, term or entitlement of the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdings, the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property that could reasonably be expected (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Real Property of the Borrower or any of its Subsidiaries, or (ii) to cause such Real Property to be subject to any restrictions on the ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Consolidation And (Universal Outdoor Inc), Credit Agreement (Universal Outdoor Inc), Credit Agreement (Universal Outdoor Holdings Inc)

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Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveexcept for such penalties, fines or forfeitures as are not reasonably likely to have a Material Adverse Effect. All licenses, permits, registrations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary to operate any real property Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, individually or in the aggregate, have a Material Adverse Effect. There are are, as of the Restatement Effective Date Date, no Environmental Claims pending or, to the best knowledge of the Parent or the Borrower, threatened, which (a) challenge against the validity, term or entitlement of the Borrower Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation in respect of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Vessel, Real Property or other facility owned or operated by the Borrower Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could are reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any Vessel, Real Property of or other facility owned by the Borrower Parent or any of its Subsidiaries, or (ii) to cause such Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such casecase for clauses (i) and (ii) above, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Intercreditor Agreement (Gener8 Maritime, Inc.), Intercreditor Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, individually or in the aggregate, have a Material Adverse Effect. There are are, as of the Restatement Effective Date Date, no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge the validity, term or entitlement of against the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation in respect of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Vessel, Real Property or other facility owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Vessel, Real Property of or other facility owned by the Borrower or any of its Subsidiaries, or (ii) to cause such Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (General Maritime Corp/), Credit Agreement (Todco), Credit Agreement (General Maritime Corp/)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveexcept for such penalties, fines or forfeitures as are not reasonably likely to have a Material Adverse Effect. All licenses, permits, registrations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary Sub­sidi­ary to operate any real property Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, individually or in the aggregate, have a Material Adverse Effect. There are are, as of the Restatement Effective Date Date, no Environmental Claims pending or, to the best knowledge of the Parent or the Borrower, threatened, which (a) challenge against the validity, term or entitlement of the Borrower Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation in respect of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Vessel, Real Property or other facility owned or operated by the Borrower Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could are reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any Vessel, Real Property of or other facility owned by the Borrower Parent or any of its Subsidiaries, or (ii) to cause such Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such casecase for clauses (i) and (ii) above, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)

Pollution and Other Regulations. (ai) Each of Holdings, the Borrower Parent and its Subsidiaries is are in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is are liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is are in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of Parent and its Subsidiaries is are not in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or any such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary Parent and its Subsidiaries to operate the Vessel or any real property facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge knowledge, after due inquiry, of the BorrowerParent, threatened, which (a) challenge the validity, term or entitlement of the Borrower against Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any real property, the Borrower drilling rig or facility owned or operated by Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (ix) to form the basis of an Environmental Claim against Parent, the Borrower, Vessel or facility owned by any of its Subsidiaries or any Real Property of the Borrower or any of its SubsidiariesCredit Party, or (iiy) to cause such Real Property the Vessel or facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Purchase Agreement (Noble Corp), Parent Guaranty (Noble Corp)

Pollution and Other Regulations. Except as set forth -------------------------------- on Annex 6.18, (a) Each each of Holdings, the Borrower Holdings and its Subsidiaries is is, and has been, in compliance with all Environmental Laws governing or relating to its business for which business, and to the knowledge of Holdings and its Subsidiaries, there is no condition or circumstance that would be likely to prevent or interfere with such compliance in the future, except to the extent that such failure to comply is and any resulting costs, including but not limited to, remediation expenses, penalties, fines or forfeitures are not reasonably likely to to, individually, or in the aggregate, have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All licenses, permits, registrations or approvals required for the business of the Borrower Holdings and each of its Subsidiaries, as conducted as of the Restatement Effective Initial Borrowing Date and as of the Additional Borrowing Date, under any Environmental Law have been secured and the Borrower Holdings and each of its Subsidiaries is is, and has been, in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not reasonably likely individually, or in the aggregate, to have a Material Adverse Effect. Neither Holdings, the Borrower Holdings nor any of its Subsidiaries has received any written communication from any Person alleging that it is in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Holdings or such Subsidiary is a party or which would affect the ability of the Borrower Holdings or such Subsidiary to operate its business or any real property and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunderproperty, except in each such case, such noncompliance, breaches or defaults as are not reasonably likely to, individually or in the aggregate, have a Material Adverse Effect. There are are, as of the Restatement Effective Initial Borrowing Date and as of the Additional Borrowing Date, no Environmental Claims pending or, to the best knowledge of the BorrowerHoldings or its Subsidiaries, threatened, including, without limitation, those which (a) challenge question the validity, term or entitlement of the Borrower Holdings or any of its Subsidiaries for any permit, license, order order, registration or registration approval required under any Environmental Law for the operation of any facility under the Environmental Laws which the Borrower Holdings or any of its Subsidiaries currently operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely likely, individually or in the aggregate, to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingsrelating to the business of Holdings or any of its Subsidiaries or, to the Borrower knowledge of Holdings or any of its Subsidiaries, any of their operations on or on relating to any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property or at any other location that could reasonably be expected (i) to form the basis of an Environmental Claim against the BorrowerHoldings, any of its Subsidiaries or any Real Property of the Borrower Holdings or any of its Subsidiaries, or (ii) to cause such Real Property to be subject to any restrictions on the ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Graphic Controls Corp), Credit Agreement (Graphic Controls Corp)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and each of its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing, except for such penalties, fines or forfeitures that are not reasonably likely to have a Material Adverse Effect. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and each of the Borrower and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliancenoncompliances, breaches or defaults as are not likely to, either individually or in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge the validity, term or entitlement of threatened against the Borrower or any of its Subsidiaries for any permitwhich, licenseeither individually or in the aggregate, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be are reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Vessel, Real Property or other facility owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Vessel, Real Property of or other facility owned by the Borrower or any of its Subsidiaries, or (ii) to cause such Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that that, either individually or in the aggregate aggregate, are not reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Baltic Trading LTD), Credit Agreement (Baltic Trading LTD)

Pollution and Other Regulations. (a) Each of Holdings, the The Borrower and each of its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All Except as set forth on Annex VII, all licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and each of the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property conduct its business and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There Except as set forth in Annex VII, there are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, against the Borrower or any of its Subsidiaries, or which (a) challenge question the validity, term or entitlement of the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries currently operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdings, on any Real Property at any time owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property Subsidiaries or, to the knowledge of the Borrower, on any property adjacent to any such Real Property that could reasonably be expected (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any currently owned or operated Real Property of the Borrower or any of its Subsidiaries, or (ii) (a) to cause any such Real Property currently owned or operated to be subject to any restrictions on the occupancy or use of such Real Property under any Environmental Law or (b) to cause any such owned Real Property to be subject to any restrictions on the ownership, occupancy, use ownership or transferability of such owned Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Geo Specialty Chemicals Inc), Credit Agreement (Geo Specialty Chemicals Inc)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance in all material respects with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveexcept for such penalties, fines or forfeitures that are not reasonably likely to have a Material Adverse Effect. All licenses, permits, registrations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Datedate hereof, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary to operate any real property Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, individually or in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the BorrowerParent, threatened, which (a) challenge against the validity, term or entitlement of the Borrower Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation in respect of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Vessel, Real Property or other facility owned or operated by the Borrower Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any Vessel, Real Property of or other facility owned by the Borrower Parent or any of its Subsidiaries, or (ii) to cause such Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Oaktree Capital Management Lp), Credit Agreement (General Maritime Corp / MI)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveexcept for such penalties, fines or forfeitures as are not reasonably likely to have a Material Adverse Effect. All licenses, permits, registrations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary to operate any real property Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, individually or in the aggregate, have a Material Adverse Effect. There are are, as of the Restatement Effective Date Date, no Environmental Claims pending or, to the best knowledge of the Parent or the Borrower, threatened, which (a) challenge against the validity, term or entitlement of the Borrower Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation in respect of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Vessel, Real Property or other facility owned or operated by the Borrower Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any Vessel, Real Property of or other facility owned by the Borrower Parent or any of its Subsidiaries, or (ii) to cause such Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and ------------------------------- its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Initial Borrowing Date, under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Initial Borrowing Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge question the validity, term or entitlement of the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries currently operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdings, the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property that could reasonably be expected (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Real Property of the Borrower or any of its Subsidiaries, or (ii) to cause such Real Property to be subject to any restrictions on the ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually individually, or in the aggregate aggregate, are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hci Direct Inc)

Pollution and Other Regulations. (ai) Each of Holdings, the Borrower The Parent Guarantor and its Subsidiaries is are in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent Guarantor nor any of its Subsidiaries is are liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower Parent Guarantors and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Parent Guarantor and each of its Subsidiaries is are in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of The Parent Guarantor and its Subsidiaries is are not in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent Guarantor or any such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary Parent Guarantor and its Subsidiaries to operate the Mortgaged Rigs or any real property facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge knowledge, after due inquiry, of the BorrowerParent Guarantor, threatened, which (a) challenge against the validity, term or entitlement of the Borrower Parent Guarantor or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any real property, drilling rig or facility owned or operated by the Borrower Parent Guarantor or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (ix) to form the basis of an Environmental Claim against the BorrowerParent Guarantor, any of its Subsidiaries Mortgaged Rig or facility owned by any Real Property of the Borrower or any of its SubsidiariesCredit Party, or (iiy) to cause such Real Property the Vessel or facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Noble Drilling Corp)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance with all applicable Environmental Laws governing govern­ing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure fail­ure to comply com­ply with any of the foregoing in the manner set forth aboveexcept for such penalties, fines or forfeitures as are not reasonably likely to have a Material Adverse Effect. All licenses, permitsper­mits, registrations regis­trations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance sub­stantial com­pli­ance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in noncompliance any re­spect in noncom­pliance with, breach of or default under any applicable applic­able writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary Sub­sidi­ary to operate any real property the Collateral Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliancenoncom­pli­ance, breach of or default thereunder, except in each such case, such noncompliancenoncompli­ance, breaches or defaults as are not likely to, individually or in the aggregateaggre­gate, have a Material Adverse Effect. There are are, as of the Restatement Effective Date Date, no Environmental Claims pending or, to the best knowledge of the Parent or the Borrower, threatenedthreat­ened, which (a) challenge against the validity, term or entitlement of the Borrower Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation in respect of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable unfavor­able decision, ruling or finding would be reasonably rea­son­ably likely to have a Material Mate­rial Adverse Effect. There are no facts, circumstancescir­cum­stances, conditions con­di­tions or occurrences concerning Holdingson the Collateral Vessel, Real Property or other facility owned or operated by the Borrower Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any the Collateral Vessel, Real Property of or other facility owned by the Borrower Parent or any of its Subsidiaries, or (ii) to cause such the Collateral Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancyoccu­pancy, use or transferability of such Real Property trans­fer­ability under any Environmental Environ­mental Law, except in each such case, such Environmental Environ­mental Claims or restrictions restric­tions that individually in­divid­ually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (General Maritime Corp / MI)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is could reasonably likely be expected to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is could not likely reasonably be expected to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are could not likely to, in the aggregate, reasonably be expected to have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (ai) challenge question the validity, term or entitlement of the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries currently operates and (bii) wherein an unfavorable decision, ruling or finding would could reasonably be reasonably likely expected to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdings, the Borrower or any of its Subsidiaries, any of their operations or on any owned Real Property or, to the knowledge of the Borrower, on any property adjacent to any such owned Real Property that could reasonably be expected (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Real Property of the Borrower or any of its Subsidiaries, or (ii) to cause such Real Property to be subject to any restrictions on the ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are could not reasonably likely be expected to have a Material Adverse Effect.. (b) Hazardous Materials have not, to the knowledge of the Borrower, at any time been (i) generated, used, treated or stored on, or transported to or from, any Real Property of the Borrower or any of its Subsidiaries or (ii) released on any Real Property, in each case where such occurrence or event could reasonably be expected to have a Material Adverse Effect. 6.19

Appears in 1 contract

Samples: Credit Agreement (Peebles Inc)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property Real Property, Fleet Rig or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge knowledge, after due inquiry, of the Borrower, threatened, which (a) challenge the validity, term or entitlement of against the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Real Property, Fleet Rig or other facility owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Real Property of Property, Fleet Rig or other facility owned by the Borrower or any of its Subsidiaries, or (ii) to cause such Real Property Property, Fleet Rig or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Noble Drilling Corp)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and each of its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Initial Borrowing Date, under any Environmental Law have been secured and each of the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property conduct its business and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Initial Borrowing Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, against the Borrower or any of its Subsidiaries, or which (a) challenge question the validity, term or entitlement of the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries currently operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdings, on any Real Property at any time owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property Subsidiaries or, to the knowledge of the Borrower, on any property adjacent to any such Real Property that could reasonably be expected (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any currently owned or operated Real Property of the Borrower or any of its Subsidiaries, or (ii) (a) to cause any such Real Property currently owned or operated to be subject to any restrictions on the occupancy or use of such Real Property under any Environmental Law or (b) to cause any such owned Real Property to be subject to any restrictions on the ownership, occupancy, use ownership or transferability of such owned Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Penhall Co)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Closing Date, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary to operate any real property material asset and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Closing Date no Environmental Claims pending or, to the best knowledge of the Borrowerany Credit Party, after due inquiry, threatened, which (a) challenge the validity, term or entitlement of the Borrower against Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Real Property, the Borrower offshore drilling rig, vessel or other facility owned or operated by Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any Real Property of the Borrower Property, offshore drilling rig, vessel or other facility owned by Parent or any of its Subsidiaries, or (ii) to cause such Real Property Property, offshore drilling rig, vessel or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Noble Corp)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and each of its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and each of the Borrower and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property Mortgaged Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliancenoncompliances, breaches or defaults as are not likely to, either individually or in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge the validity, term or entitlement of threatened against the Borrower or any of its Subsidiaries for any permitwhich, licenseeither individually or in the aggregate, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be are reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Mortgaged Vessel, Real Property or other facility owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Mortgaged Vessel, Real Property of or other facility owned by the Borrower or any of its Subsidiaries, or (ii) to cause such Mortgaged Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that that, either individually or in the aggregate aggregate, are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Pledge and Security Agreement (Genco Shipping & Trading LTD)

Pollution and Other Regulations. (a) a Each of Holdings, the Borrower Holdings and its Subsidiaries is in substantial compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Holdings nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower Holdings and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Holdings and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower Holdings nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Holdings or such Subsidiary is a party or which would affect the ability of the Borrower Holdings or such Subsidiary to operate any real property Real Property, offshore drilling rig or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of Holdings and the Borrower, threatened, which (a) challenge the validity, term or entitlement of the Borrower against Holdings or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Real Property, the Borrower offshore drilling rig or other facility owned or operated by Holdings or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerHoldings, any of its Subsidiaries or any Real Property of the Borrower Property, offshore drilling rig or other facility owned by Holdings or any of its Subsidiaries, or (ii) to cause such Real Property Property, offshore drilling rig or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (R&b Falcon Corp)

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Pollution and Other Regulations. (a) Each of Holdings, the Borrower Holdings and its Subsidiaries is in substantial compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Holdings nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower Holdings and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Holdings and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower Holdings nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Holdings or such Subsidiary is a party or which would affect the ability of the Borrower Holdings or such Subsidiary to operate any real property Real Property, offshore drilling rig or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrowerany Credit Party which is a party to this Agreement, threatenedthreat ened, which (a) challenge the validity, term or entitlement of the Borrower against Holdings or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Real Property, the Borrower offshore drilling rig or other facility owned or operated by Holdings or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerHoldings, any of its Subsidiaries or any Real Property of the Borrower Property, offshore drilling rig or other facility owned by Holdings or any of its Subsidiaries, or (ii) to cause such Real Property Property, offshore drilling rig or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property transfer ability under any Environmental Law, except in each such case, such Environmental Environ mental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (R&b Falcon Corp)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Initial Borrowing Date, under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property Real Property, offshore drilling rig or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Initial Borrowing Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge the validity, term or entitlement of against the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Real Property, offshore drilling rig or other facility owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Real Property of Property, offshore drilling rig or other facility owned by the Borrower or any of its Subsidiaries, or (ii) to cause such Real Property Property, offshore drilling rig or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.. 0000DSZS.W51

Appears in 1 contract

Samples: Credit Agreement (Diamond Offshore Drilling Inc)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effectbusiness, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in except such noncompliances, penalties, fines or forfeitures that have not had or with the manner set forth abovepassage of time are not reasonably likely to have a Material Adverse Effect. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, Subsidiaries under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is has not had or with the passage of time are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliancenoncompliances, breaches or defaults as have not had or with the passage of time are not reasonably likely toto have, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge question the validity, term or entitlement of the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries currently operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdings, the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property that could reasonably be expected (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Real Property of the Borrower or any of its Subsidiaries, or (ii) to cause such Real Property to be subject to any restrictions on the ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate have not had or with the passage of time are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (CSC Parent Corp)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance with all applicable Environmental Laws governing govern­ing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure fail­ure to comply com­ply with any of the foregoing in the manner set forth aboveexcept for such penalties, fines or forfeitures as are not reasonably likely to have a Material Adverse Effect. All licenses, permitsper­mits, registrations regis­trations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance sub­stantial com­pli­ance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in noncompliance any re­spect in noncom­pliance with, breach of or default under any applicable applic­able writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary Sub­sidi­ary to operate any real property Collateral Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliancenoncom­pli­ance, breach of or default thereunder, except in each such case, such noncompliancenoncompli­ance, breaches or defaults as are not likely to, individually or in the aggregateaggre­gate, have a Material Adverse Effect. There are are, as of the Restatement Effective Date Date, no Environmental Claims pending or, to the best knowledge of the Parent or the Borrower, threatenedthreat­ened, which (a) challenge against the validity, term or entitlement of the Borrower Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation in respect of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable unfavor­able decision, ruling or finding would be reasonably rea­son­ably likely to have a Material Mate­rial Adverse Effect. There are no facts, circumstancescir­cum­stances, conditions con­di­tions or occurrences concerning Holdingson any Collateral Vessel, Real Property or other facility owned or operated by the Borrower Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any Collateral Vessel, Real Property of or other facility owned by the Borrower Parent or any of its Subsidiaries, or (ii) to cause such Collateral Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancyoccu­pancy, use or transferability of such Real Property trans­fer­ability under any Environmental Environ­mental Law, except in each such case, such Environmental Environ­mental Claims or restrictions restric­tions that individually in­divid­ually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (General Maritime Corp / MI)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and each of its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Initial Borrowing Date, under any Environmental Law have been secured and each of the Borrower and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property Mortgaged Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliancenoncompliances, breaches or defaults as are not likely to, either individually or in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge the validity, term or entitlement of threatened against the Borrower or any of its Subsidiaries for any permitwhich, licenseeither individually or in the aggregate, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be are reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Mortgaged Vessel, Real Property or other facility owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Mortgaged Vessel, Real Property of or other facility owned by the Borrower or any of its Subsidiaries, or (ii) to cause such Mortgaged Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that that, either individually or in the aggregate aggregate, are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Genco Shipping & Trading LTD)

Pollution and Other Regulations. Except as set forth in ------------------------------- Schedule 8.12, (ai) Each the operations of Holdings, the Borrower Company and its Subsidiaries is are in full compliance with all Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewithLaws, except such licenses, permits, registrations or approvals where the failure to secure or to so comply therewith does not have and is not likely to have a Material Adverse Effect. Neither Holdings; (ii) the Company and its Subsidiaries have obtained all necessary permits or authorizations required under Environmental Laws, except where the Borrower nor failure to so obtain does not have, and is not likely to have, a Material Adverse Effect; (iii) to the knowledge of the Company and its Subsidiaries, there has been no Release at any of the properties owned or operated by the Company and its Subsidiaries or a Predecessor, or at any disposal or treatment facility which received Hazardous Materials generated by the Company, any of its Subsidiaries is in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date Predecessor; (iv) no Environmental Claims pending orrelating to (A) any assets, to the best knowledge properties or businesses of the BorrowerCompany, threatenedany Subsidiary or any Predecessor; (B) properties adjoining properties or businesses owned or operated by the Company, any Subsidiary or any Predecessor; or (C) any facilities which (a) challenge received Hazardous Materials generated by the validityCompany, term any Subsidiary or entitlement of any Predecessor, have been asserted against the Borrower Company or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdings, the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the BorrowerCompany and its Subsidiaries, on any property adjacent to Predecessor, nor does the Company or any of its Subsidiaries have knowledge or notice that any such Real Property that could reasonably be expected Environmental Claim is threatened or pending; and (iv) to form the basis knowledge of an the Company and its Subsidiaries, no Environmental Claim has been asserted against any facilities that may have received Hazardous Materials generated by the Borrower, Company or any of its Subsidiaries or any Real Property Predecessor; provided, that for the purposes of clauses -------- (iii) and (v) of this Section 8.12, knowledge of the Borrower or Company and its Subsidiaries with respect to offsite facilities shall mean actual knowledge without inquiry other than the review by the Company and its Subsidiaries of certain environmental database search results of offsite facilities, copies of which have been previously provided to Electra and which are described on Schedule 8.12. The Company does not believe that any of its Subsidiariesthe items listed on ------------- Schedule 8.12 pertaining to clauses (iii), or (iiiv) to cause such Real Property to be subject to any restrictions on the ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate and (v) above are not reasonably likely to have ------------- a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Career Education Corp)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance in all material respects with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveexcept for such penalties, fines or forfeitures that are not reasonably likely to have a Material Adverse Effect. All licenses, permits, registrations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Datedate hereof, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary to operate any real property Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, individually or in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the BorrowerParent, Arlington or the Borrowers, threatened, which (a) challenge against the validity, term or entitlement of the Borrower Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation in respect of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Vessel, Real Property or other facility owned or operated by the Borrower Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any Vessel, Real Property of or other facility owned by the Borrower Parent or any of its Subsidiaries, or (ii) to cause such Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (General Maritime Corp / MI)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Parent and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Parent nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower Parent and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Parent and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower Parent nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Parent or such Subsidiary is a party or which would affect the ability of the Borrower Parent or such Subsidiary to operate any real property material asset and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrowerany Credit Party, after due inquiry, threatened, which (a) challenge the validity, term or entitlement of the Borrower against Parent or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Real Property, the Borrower offshore drilling rig, vessel or other facility owned or operated by Parent or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerParent, any of its Subsidiaries or any Real Property of the Borrower Property, offshore drilling rig, vessel or other facility owned by Parent or any of its Subsidiaries, or (ii) to cause such Real Property Property, offshore drilling rig, vessel or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Noble Corp)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and each of its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and each of the Borrower and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliancenoncompliances, breaches or defaults as are not likely to, either individually or in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge the validity, term or entitlement of threatened against the Borrower or any of its Subsidiaries for any permitwhich, licenseeither individually or in the aggregate, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be are reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Vessel, Real Property or other facility owned or operated by the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Vessel, Real Property of or other facility owned by the Borrower or any of its Subsidiaries, or (ii) to cause such Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that that, either individually or in the aggregate aggregate, are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Pledge and Security Agreement (Genco Shipping & Trading LTD)

Pollution and Other Regulations. (A) (a) Each of Holdings, the Borrower and each of its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All , (b) all licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured or applied for and each of the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith with is not likely to have a Material Adverse Effect. Neither Holdings, (c) neither the Borrower nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree relating to Environmental Law to which Holdings, the Borrower or such Subsidiary is a party or and which would affect the ability of the Borrower or such Subsidiary to operate any real property conduct its business, and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely tolikely, in the aggregate, to have a Material Adverse Effect. There , (d) there are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, against the Borrower or any of its Subsidiaries, which (a) challenge question the validity, term or entitlement of the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries currently operates and or (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There , (e) there are no facts, circumstances, conditions or occurrences concerning Holdings, regarding the business or operations of the Borrower or any of its Subsidiaries, any of their operations or on any Real Property at any time owned or operated by the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, on any property adjacent to any such Real Property that could reasonably be expected (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any currently owned or operated Real Property of the Borrower or any of its Subsidiaries, or (ii) (a) to cause any such Real Property currently owned or operated to be subject to any restrictions on the occupancy or use of such Real Property under any Environmental Law or (b) to cause any such owned Real Property to be subject to any restrictions on the ownership, occupancy, use ownership or transferability of such owned Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Universal Hospital Services Inc)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower Holdings and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business business, except for which failure such failures to comply is as are not reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower Holdings nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth aboveforegoing. All licenses, permits, registrations or approvals required for the business of the Borrower Holdings and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower Holdings and each of its Subsidiaries is in substantial compliance therewith, except for such licenses, permits, registrations or approvals the failure failures to secure or to comply therewith is as are not reasonably likely to have a Material Adverse Effect. Neither Holdings, the Borrower Holdings nor any of its Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower Holdings or such Subsidiary is a party or which would affect the ability of the Borrower Holdings or such Subsidiary to operate any real property Top Glory Vessel, Real Property or other facility and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, individually or in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the BorrowerHoldings, threatened, which (a) challenge the validity, term or entitlement of the Borrower threatened against Holdings or any of its Subsidiaries for any permitwhich, licenseeither individually or in the aggregate, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries operates and (b) wherein an unfavorable decision, ruling or finding would be are reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdingson any Top Glory Vessel, the Borrower Real Property or other facility owned or operated by Holdings or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property Subsidiaries that could is reasonably be expected likely (i) to form the basis of an Environmental Claim against the BorrowerHoldings, any of its Subsidiaries or any Top Glory Vessel, Real Property of the Borrower or other facility owned by Holdings or any of its Subsidiaries, or (ii) to cause such Top Glory Vessel, Real Property or other facility to be subject to any restrictions on the its ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually or in the aggregate are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Genco Shipping & Trading LTD)

Pollution and Other Regulations. (a) Each of Holdings, the Borrower and its Subsidiaries is in compliance with all applicable Environmental Laws governing its business for which failure to comply is reasonably likely to have a Material Adverse Effect, and neither Holdings, the Borrower nor any of its Subsidiaries is liable for any material penalties, fines or forfeitures for failure to comply with any of the foregoing in the manner set forth above. All licenses, permits, registrations or approvals required for the business of the Borrower and each of its Subsidiaries, as conducted as of the Restatement Effective Date, under any Environmental Law have been secured and the Borrower and each of its Subsidiaries is in substantial compliance therewith, except such licenses, permits, registrations or approvals the failure to secure or to comply therewith is not likely to have a Material Adverse Effect. Neither Holdings, the Borrower nor any of its 34 Subsidiaries is in any respect in noncompliance with, breach of or default under any applicable writ, order, judgment, injunction, or decree to which Holdings, the Borrower or such Subsidiary is a party or which would affect the ability of the Borrower or such Subsidiary to operate any real property and no event has occurred and is continuing which, with the passage of time or the giving of notice or both, would constitute noncompliance, breach of or default thereunder, except in each such case, such noncompliance, breaches or defaults as are not likely to, in the aggregate, have a Material Adverse Effect. There are as of the Restatement Effective Date no Environmental Claims pending or, to the best knowledge of the Borrower, threatened, which (a) challenge question the validity, term or entitlement of the Borrower or any of its Subsidiaries for any permit, license, order or registration required for the operation of any facility under the Environmental Laws which the Borrower or any of its Subsidiaries currently operates and (b) wherein an unfavorable decision, ruling or finding would be reasonably likely to have a Material Adverse Effect. There are no facts, circumstances, conditions or occurrences concerning Holdings, the Borrower or any of its Subsidiaries, any of their operations or on any Real Property or, to the knowledge of the Borrower, on any property adjacent to any such Real Property that could reasonably be expected (i) to form the basis of an Environmental Claim against the Borrower, any of its Subsidiaries or any Real Property of the Borrower or any of its Subsidiaries, or (ii) to cause such Real Property to be subject to any restrictions on the ownership, occupancy, use or transferability of such Real Property under any Environmental Law, except in each such case, such Environmental Claims or restrictions that individually individually, or in the aggregate aggregate, are not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Pledge Agreement (Hosiery Corp of America Inc)

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