POST CLOSING REMEDIAL ACTION Sample Clauses

POST CLOSING REMEDIAL ACTION. Borrower shall complete the Remedial Action described in the table set forth below for the designated Properties, which Remedial Action shall be completed Lien-free, in accordance with all applicable Environmental Laws, and within the applicable time period set forth below. Such Remedial Action is more particularly described in the environmental reports for such Properties prepared by [Lender's] [Borrower's] consultants in connection with the Loan closing. Completion of the Remedial Action for each Property shall including obtaining a "closure" or "no further action" letter from the lead Governmental Authority having jurisdiction over the Remedial Action and the Property. If Borrower has completed all Remedial Action at a Property within the applicable time period set forth in the table below but is waiting for the appropriate Governmental Authority to issue a "closure" or "no further action" letter with respect to such Remedial Action, then Borrower shall have an additional twelve (12) months beyond the designated completion date to obtain such letter. PROPERTY REMEDIAL ACTION COMPLETION DATE =========================================================================== Xxxxx Xxx Xxxxx Borrower to undertake a site 01-31-02 characterization and remediate to applicable standards, if necessary. No further action letter required from State of Florida. --------------------------------------------------------------------------- Military Trail Borrower to undertake a site 01-31-02 characterization and remediate to applicable standards, if necessary. No further action letter required from State of Florida. --------------------------------------------------------------------------- Redwood Plaza Borrower to undertake a site 01-31-02 characterization and remediate to applicable standards, if necessary. No further action letter required from State of Utah. ---------------------------------------------------------------------------
Sample 1
AutoNDA by SimpleDocs
POST CLOSING REMEDIAL ACTION. Borrower shall complete the Remedial Action described in the table set forth below for the designated Properties, which Remedial Action shall be completed Lien-free, in accordance with all applicable Environmental Laws, and within the applicable time period (if any) set forth below. PROPERTY REMEDIAL ACTION COMPLETION DATE -------- --------------- --------------- Somerset Tech Center Borrower acknowledges that asbestos-containing materials and leas based paint may be present at the Somerset Tech Center. Within 45 days after the First Amendment Date, Borrower shall establish its standard operations and maintenance program at Somerset Tech Center for the removal, encapsulation of, or other action for handling asbestos-containing materials and leas-based paint at Somerset Tech Center, and thereafter Borrower shall 60 Turner Street Xxxxxxx xxx venting system to ensure that radon concentration in 12/31/02 lowest building level (i.e., classrooms and theater) remains consistently below 4 pCi/l (picocuries per liter). Borrower to provide Lender with reasonably 12/31/02 satisfactory evidence that the out-of-service generator and associated above-ground propane storage tank have been removed from the Property and disposed of. Cutler Xxke Corp. Center Borrower to provide Lender with 12/31/02 reasonably satisfactory evidence that it has made commercially reasonable efforts to obtain an indemnity from Coca Cola Corporation with respect to contamination originating from an groundwater contamination originating from an upgradient property owned and/or occupied by Coca Cola Corporation. 400 Atrium Borrower shall cause its Lender-approved consultant to complete 12/31/02 a Phase II environmental study of the portion of the Property in the vicinity of the active 3,500-gallon underground storage tank currently located at the Property, which Phase II study shall be sufficient in scope to identify the extent of any subsurface contamination associated with such underground storage tank. Borrower shall cause such consultant to remediate such contamination to applicable legal standards, and Borrower shall obtain a "closure" or "no further action" letter from the lead Governmental Authority having jurisdiction over the Remedial Action and the Property. 180/188 Mount Airy Rd. Xxxxxxxx xxxxx xxuse its Lender-approved consultant to conduct 12/31/02 additional investigation of the area of the Property in the vicinity of the former location of three underground storage tanks. The scope ...
Sample 1
POST CLOSING REMEDIAL ACTION. Borrower shall complete (or cause the Nomura Borrower to complete) the Remedial Action described in the table set forth below for the designated Properties, which Remedial Action shall be completed Lien-free, in accordance with all applicable Environmental Laws, and within the applicable time period (if any) set forth below. PROPERTY REMEDIAL ACTION COMPLETION DATE 60 Turner Street Boxxxxxx xxxxxxxxxges that asbestos-containing N/A 24 Federal/3 P.O. Square materials and lead-based paint have been identified Mountain Heights I & II at each of these Properties. Within 45 days after Chatham Executive Center the Closing Date, Borrower shall establish its standard operations and maintenance program at each of these Properties for the removal, encapsulation of, or other action for handling asbestos-containing materials and lead-based paint at these Properties, and thereafter Borrower shall, or shall cause the Asset Manager to, continue to manage and otherwise operate these Properties in a manner which conforms to and is otherwise consistent with such operations and maintenance programs and applicable Environmental Laws. Among other things, Borrower shall promptly abate any damaged asbestos-containing materials or items containing lead-based paint. Sampling and abatement are necessary before any renovations that will disturb suspected asbestos-containing materials and/or potential lead-base paint.
Sample 1

Related to POST CLOSING REMEDIAL ACTION

  • Post-Closing Operations After the Closing, ACQUIRED COMPANY will be a wholly-owned subsidiary of the Company subject to the terms and conditions outlined in this Agreement. ACQUIRED COMPANY shall be responsible to report to the Company all financial matters and newsworthy events as they materialize, as Seller recognizes Company is a publicly traded company and has certain material obligations of disclosure pursuant to state and federal laws, statutes and regulations.

  • Post-Closing Items (a) The Loan Parties shall take all necessary actions to satisfy the items described on Schedule 5.16 within the applicable periods of time specified in such Schedule (or such longer periods as the Administrative Agent may agree in its sole discretion).

  • Post-Closing (a) Take all necessary actions to satisfy the items described on Schedule 7.12 (as may be updated pursuant to this Agreement) within the applicable period of time specified in such Schedule (or such longer period as the Administrative Agent may agree in its sole discretion).

  • Post-Closing Actions Notwithstanding anything to the contrary contained in this Agreement or the other Credit Documents, the parties hereto acknowledge and agree that:

  • Post-Closing Cooperation Subject to compliance with contractual obligations and applicable Law, for three (3) months immediately following the Closing Date, each party shall afford to the other party and the other party’s Representatives during normal business hours in a manner so as to not unreasonably disrupt or interfere with the conduct of business reasonable access to the personnel of such party with relevant knowledge regarding any Product, if any. Requests may be made under this Section 4.2 for access to information requested by the requesting party in connection with its financial reporting and accounting matters, preparing financial statements, preparing and filing any Tax Returns, prosecuting any claims for refund, defending any Tax claims or assessment, preparing securities Law or securities exchange filings, prosecuting, defending or settling any litigation or insurance claim, prosecuting patent applications and pursuing other patent matters, performing obligations under this Agreement and the Ancillary Agreements and all other proper business purposes (including determining any matter relating to its rights and obligations hereunder). A party making information or personnel available to another party under this Section 4.2 shall be entitled to receive from such other party, upon the presentation of invoices therefor, payments for such amounts relating to supplies, disbursements and other out-of-pocket expenses, as may reasonably be incurred in making such information or personnel available. Notwithstanding anything to the contrary contained herein, nothing in this Section 4.2 shall require (i) the Seller or any of its Affiliates or the Buyer or any of its Affiliates (x) to waive the protection of an attorney-client privilege or (y) to take any action that would result in the disclosure of any trade secrets (provided that, in the case of clause (i)(x), the disclosing party shall use commercially reasonable efforts to provide the other party, to the extent possible, with access to the relevant information in a manner that would not reasonably be expected to result in any such waiver) or (ii) the auditors and independent accountants of the Seller or any of its Affiliates or of the Buyer or any of its Affiliates to make any work papers available to any Person unless and until such Person has signed a customary confidentiality and hold harmless agreement relating to such access to work papers in form and substance reasonably acceptable to such auditors or independent accountants.

  • Post-Closing Collateral Matters Execute and deliver the documents and complete the tasks set forth on Schedule 5.14, in each case within the time limits specified on such schedule.

  • Post-Closing Matters Execute and deliver the documents and complete the tasks set forth on Schedule 6.14, in each case within the time limits specified on such schedule, as such time limits may be extended from time to time by Agent in its reasonable discretion.

  • Post-Closing Audit (a) Promptly following the Closing Date, and in no event later than fifteen (15) days following the Closing Date, and at any time thereafter as ADK may request, Seller shall provide to ADK and its accounting advisors such financial information (the “Financial Information”) related to the business, assets and properties of the Seller purchased by Purchaser pursuant to this Agreement (the “Purchased Business”) as ADK may request in order to enable ADK to determine whether it is or would be required to include separate financial statements of the Purchased Business for any periods prior to Closing in the reports filed by ADK with the SEC under the Securities Exchange Act of 1934, as amended (the “1934 Act”), or in a registration statement filed by ADK with the SEC under the 1933 Act, in accordance with Regulation S X (“Regulation S-X”) promulgated by the SEC (the “Requirement Financial Statements”). Seller will provide to ADK reasonable access to the records of the Seller regarding the Purchased Business, and Seller’s accounting staff and firm(s) will be available to address any questions of ADK and ADK’s accounting advisors pertaining to the Financial Information or the Required Financial Statements.

  • Post-Closing Access In order to facilitate Seller’s efforts to administer and close the Bankruptcy Case (including, without limitation, the preparation of filings in the Bankruptcy Case and state, local and federal Tax Returns and other filings, reconciliation of claims filed in the Case, removal of corporate and other records and information relating or belonging to entities other than Seller), for a period of three (3) years following the Closing, (a) the Buyer shall permit Seller’s counsel and other professionals and counsel for any successor to Seller and its respective professionals, and its employees (collectively, “Permitted Access Parties”) reasonable access to the financial and other books and records relating to the Acquired Assets or the Business and the systems containing such information, books and records, which access shall include (i) the right of such Permitted Access Parties to copy, at such Permitted Access Parties’ expense, such documents and records as they may request in furtherance of the purposes described above, and (ii) Buyer’s copying and delivering to the relevant Permitted Access Parties such documents or records as they may request, but only to the extent such Permitted Access Parties furnish Buyer with reasonably detailed written descriptions of the materials to be so copied and the applicable Permitted Access Party reimburses the Buyer for the reasonable costs and expenses thereof, and (b) Buyer shall provide the Permitted Access Parties (at no cost to the Permitted Access Parties) with reasonable access to those individuals with knowledge of how to access the relevant financial and books and records during regular business hours to assist Seller and the other Permitted Access Parties in their post-Closing activities (including, without limitation, preparation of Tax Returns), provided that such access does not unreasonably interfere with the Buyer’s business operations.

  • Post-Closing Deliveries (a) The Borrower hereby agrees to deliver, or cause to be delivered, to the Administrative Agent, in form and substance reasonably satisfactory to the Administrative Agent, the items described on Schedule 5.15 hereof on or before the dates specified with respect to such items, or such later dates as may be agreed to by, or as may be waived by, the Administrative Agent in its sole discretion.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!