Common use of Preparation of Environmental Reports Clause in Contracts

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiaries, provide to the Administrative Agent within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in such request, prepared by a nationally recognized environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 9 contracts

Samples: Credit Agreement (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.)

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Preparation of Environmental Reports. At the request of the Administrative Joint Lead Arrangers or the Collateral Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Joint Lead Arrangers or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Joint Lead Arrangers or the Collateral Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Joint Lead Arrangers or the Collateral Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentJoint Lead Arrangers, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 6 contracts

Samples: Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if upon the Administrative Agent reasonably suspects the presence occurrence of any Release of Hazardous Materials on or other event governed by Environmental Law that could reasonably be expected to materially impair the interests of the Secured Parties in any property of the Borrower or its SubsidiariesLoan Parties, provide to the Administrative Agent Lenders within sixty (60) 90 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in of such requestproperties, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), Agent indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 6 contracts

Samples: Ratification and Amendment Agreement (Cenveo, Inc), Senior Secured Super Priority Priming Debtor in Possession Credit Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc)

Preparation of Environmental Reports. At In the event an Environmental Action occurs or is issued to any of the Loan Parties which could reasonably be expected to have a Material Adverse Effect, at the request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the BorrowerBorrowers, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerCompany, and such Loan Party the Company hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment; provided that in no event shall the Administrative Agent require the preparation and delivery of any environmental site assessment report for the property of Del Monte Fresh Produce (Hawaii) Inc., which is subject to an Administrative Order Consent effective as of September 28, 1995.

Appears in 5 contracts

Samples: Credit Agreement (Fresh Del Monte Produce Inc), Credit Agreement (Fresh Del Monte Produce Inc), Credit Agreement (Fresh Del Monte Produce Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if and upon the Administrative Agent reasonably suspects occurrence and during the presence continuance of any Hazardous Materials on any property an Event of the Borrower or its SubsidiariesDefault, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines in its good faith and reasonable judgment at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, after written notice to the Borrower, retain an environmental consulting firm to prepare such report at the expense of the Borrower, unless the Borrower shall have given adequate assurances reasonably acceptable to the Administrative Agent within three Business Days of such notice that such a report will be delivered within such 60-day period, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 4 contracts

Samples: Credit Agreement (Alliance Resource Partners Lp), Credit Agreement (Alliance Holdings GP, L.P.), Credit Agreement

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence (but in no event more than once per calendar year, unless an Event of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault has occurred and is continuing), provide to the Administrative Agent Lenders within sixty (60) 90 days after such request, at the expense of the BorrowerBorrowers, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines in good faith at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrowers, and such Loan Party Holdings and the Borrowers hereby grants grant and agrees agree to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties during normal business hours to undertake such an assessment.

Appears in 4 contracts

Samples: Credit Agreement (Tile Shop Holdings, Inc.), Credit Agreement (Tile Shop Holdings, Inc.), Credit Agreement (Tile Shop Holdings, Inc.)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if after the Administrative Agent reasonably suspects the presence shall have obtained knowledge of any Hazardous Materials on circumstances that has the reasonable likelihood of Borrower or any property of its Subsidiaries incurring any Environmental Liability that could reasonably be expected to result in a Default or a Material Adverse Effect as a result of any information provided under Section 6.02(h) or (j) or Section 6.03(a) or (b) hereunder or through other publicly available information filed with the SEC, the Borrower or its Subsidiaries, shall provide to the Administrative Agent Lenders within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant access at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessmentassessment subject to government approvals, if such approvals are required. The Borrower shall take all reasonable steps to obtain any such required government approvals.

Appears in 4 contracts

Samples: Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc)

Preparation of Environmental Reports. At If an Event of Default shall have occurred and be continuing, at the request of the Administrative Agent from time to time if or the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its SubsidiariesRequired Lenders, provide to the Administrative Agent Lenders within sixty (60) 120 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate the properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Agent or the Required Lenders, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent or the Required Lenders determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Required Lenders, as the case may be, may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective its properties to undertake such an assessment.

Appears in 3 contracts

Samples: Credit Agreement (Crowley Newco CORP), Credit Agreement (Crowley Maritime Corp), Credit Agreement (Crowley Maritime Corp)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time, but no more than one time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on for any property during the term of the Borrower or its Subsidiariesthis Agreement (unless a Default shall have occurred and be continuing, during which time no limitation shall apply) provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 3 contracts

Samples: Credit Agreement (Diamond Foods Inc), Credit Agreement (Diamond Foods Inc), Credit Agreement (Diamond Foods Inc)

Preparation of Environmental Reports. At From time to time at the request of the Administrative Agent from time to time or, if the Administrative Agent Required Lenders reasonably suspects the presence believe that a violation of any applicable Environmental Law exists, or a release of Hazardous Materials on has occurred, at any property of the Borrower or its SubsidiariesLoan Parties, the request of the Required Lenders, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such each Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessmentassessment upon reasonable prior notice of such action to the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if Required Lenders during the Administrative Agent reasonably suspects the presence existence of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault, provide to the Lenders within 60 days (or such longer period as the Administrative Agent within sixty (60Agent, at the direction of the Required Lenders, may agree in their sole discretion) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without . Without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, at the direction of the Required Lenders, retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Loan Party or Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Basic Energy Services Inc), Term Loan Credit Agreement (Basic Energy Services Inc)

Preparation of Environmental Reports. At Upon the occurrence of a Default or other circumstances that may reasonably be likely to have a Material Adverse Effect, at the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its SubsidiariesAgent, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the BorrowerBorrowers, an environmental site assessment report in connection with such Default or other circumstances for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrowers, and such Loan Party the Borrowers hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Credit Agreement (Broadwing Inc), Credit Agreement (Cincinnati Bell Inc /Oh/)

Preparation of Environmental Reports. At the request of the Administrative Agent Debt Coordinator from time to time if the Administrative Agent reasonably suspects the presence after receipt of any Hazardous Materials on any property a notice of the Borrower or its Subsidiariestype specified in Section 6.03(o), provide counsel to the Administrative Agent Debt Coordinator within sixty (60) 60 days after such request, at the expense of the BorrowerUSI, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Debt Coordinator, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent Debt Coordinator determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Debt Coordinator may retain an environmental consulting firm to prepare such report at the expense of the BorrowerUSI, and such Loan Party USI hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentDebt Coordinator, the Banks, such firm and any agents the Debt Coordinators or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Amendment, Restatement, General Provisions and Intercreditor Agreement (Us Industries Inc /De), Amendment, Restatement, General Provisions and Intercreditor Agreement (Us Industries Inc /De)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if Required Lenders during the Administrative Agent reasonably suspects the presence occurrence and continuance of any Hazardous Materials on any property an Event of the Borrower or its SubsidiariesDefault, provide to the Lenders within 60 days (or such longer period as the Administrative Agent within sixty (60may agree in its sole discretion) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without . Without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Restricted Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Abl Credit Agreement (U.S. Well Services, Inc.), Abl Credit Agreement (U.S. Well Services, Inc.)

Preparation of Environmental Reports. At The Parent Guarantors and the Borrower will, and will cause each of their respective Subsidiaries and all other Nexstar Entities to, at the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party each of the Parent Guarantors and the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Nexstar Broadcasting Group Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence (but, so long as no Event of Default has occurred and is continuing, not more than once in any Hazardous Materials on any property of the Borrower or its Subsidiariescalendar year), provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate properties owned, leased or operated by it described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal response or remedial other corrective action in connection with to address any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower and the REIT each hereby grants and agrees to cause any Subsidiary that owns or leases any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents the Administrative Agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenantstenants or necessary consent of landlords, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Credit Agreement (American Assets Trust, Inc.), Credit Agreement (American Assets Trust, Inc.)

Preparation of Environmental Reports. At the request of the Administrative Agent Debt Coordinators from time to time if the Administrative Agent reasonably suspects the presence after receipt of any Hazardous Materials on any property a notice of the Borrower or its Subsidiariestype specified in Section 2.8(j), Group will provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrowerits own expense, an environmental site assessment report for any Specified Real Estate the applicable property described in such requestnotice, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent)Debt Coordinators, indicating the presence or absence of Hazardous Materials that could reasonably be expected to give rise to a material liability and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials that could reasonably be expected to give rise to a material liability on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines Debt Coordinators determine at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Debt Coordinators may retain an environmental consulting firm to prepare such report at the expense of the BorrowerGroup, and such Loan Party Group hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentDebt Coordinators, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment, and to, or to cause its Subsidiaries to, cooperate in all reasonable respects with the preparation of such assessment.

Appears in 2 contracts

Samples: Amendment, Modification, Restatement and General Provisions Agreement (Warnaco Group Inc /De/), Amendment, Modification, Restatement and General Provisions Agreement (Warnaco Group Inc /De/)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence of with respect to any Hazardous Materials on any fee-owned real property of Holdings and its Subsidiaries as to which, based on the Borrower or its Subsidiariesprior use of such real property, it would be reasonable to conduct an environmental site assessment, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an a Phase I environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Smart Balance, Inc.), First Lien Credit Agreement (Smart Balance, Inc.)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent from time Required Lenders with respect to time any material operating property acquired after the Closing Date, or if the Administrative Agent Required Lenders reasonably suspects the presence believe that there has been a release of any Hazardous Materials on any property in violation of the Borrower or its Subsidiariesapplicable law, provide to the Administrative Agent Lenders within sixty (60) days after such request, at the expense of the BorrowerBorrowers, an environmental site assessment report for any Specified Real Estate such property described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrowers, and such Loan Party the Borrowers hereby grants grant and agrees agree to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Credit Agreement (Chase Corp), Credit Agreement (Chase Corp)

Preparation of Environmental Reports. At If prior to the request of the Administrative Collateral Release Date any Agent from time to time if the Administrative Agent shall reasonably suspects the presence of any Hazardous Materials believe that a material environmental event has occurred on any parcel of real property of owned or leased by the Borrower or any of its SubsidiariesSubsidiaries after the date hereof, provide to the Administrative each Agent within sixty (60) 90 days after receipt of a written request from such requestAgent in which the Agent describes in reasonable detail the basis of such belief, at the expense of the Borrower, an a Phase I environmental site assessment report for any Specified Real Estate the properties described in such request, request prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any legally required compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without . Without limiting the generality of the foregoing, if the Administrative any Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, at the time following the 45th day after the request of such Agent, retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Credit Agreement (Allegheny Energy, Inc), Credit Agreement (Allegheny Energy, Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if based upon the Administrative Agent reasonably suspects the presence of reasonable belief that any Hazardous Materials on any property properties of the Borrower or its Subsidiariespresent the risk of an Environmental Liability having a Material Adverse Effect, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate the respective properties of the Loan Parties and their respective Subsidiaries described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary Loan Party that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective its properties to undertake such an assessment.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Solo Cup CO), Credit Agreement (Solo Texas, LLC)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence (but unless an Event of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault has occurred and is continuing, no more than one time per calendar year), provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Credit Agreement (Sheridan Group Inc), Credit Agreement (Sheridan Group Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from or the Collateral Agent at any time to time if during the Administrative Agent reasonably suspects the presence continuance of an Event of Default or after a notice of violation or alleged violation of any Hazardous Materials on any property applicable Environmental Law has been received by a Loan Party or a Subsidiary of a Loan Party from a Governmental Authority and not finally resolved pursuant to which the Borrower Loan Party or its Subsidiariesthe Subsidiary of a Loan Party is reasonably likely to incur liability in excess of $1,000,000, provide to the Lender Parties within 60 days (or such longer period of time as the Administrative Agent within sixty (60shall agree to in writing) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such requestnotice, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent or the Collateral Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Collateral Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Credit Agreement (Lumos Networks Corp.), Credit Agreement (Lumos Networks Corp.)

Preparation of Environmental Reports. At Upon the occurrence and during the continuance of an Event of Default or upon the occurrence of an event which gives the Lender Parties a reasonable basis for concern as to environmental matters, then at the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-non- exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 2 contracts

Samples: Credit Agreement (Shoneys Inc), Credit Agreement (Shoneys Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; provided, however, that neither the Borrower nor any of its Subsidiaries shall be required to provide such assessments or reports with respect to any property for which such assessments or reports have been provided within five years preceding the date of such request; and without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, upon notice to the Borrower, retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Bally Technologies, Inc.)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if upon the Administrative Agent reasonably suspects the presence occurrence of any release of Hazardous Materials on or other event governed by Environmental Law that could reasonably be expected to materially impair the interests of the Secured Parties in any material property of the Borrower or its SubsidiariesLoan Parties, provide to the Administrative Agent Lenders within sixty (60) 90 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in of such requestproperties, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Cenveo, Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if upon the Administrative Agent reasonably suspects the presence occurrence of any release of Hazardous Materials on or other event governed by Environmental Law that could reasonably be expected to materially impair the interests of the Guarantied Parties in any material property of the Borrower or its SubsidiariesLoan Parties, provide to the Administrative Agent Lenders within sixty (60) 90 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in of such requestproperties, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Loan Agreement (Cenveo, Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if Lender, not more frequently than once per year, after receipt by the Administrative Agent reasonably suspects the presence Borrower of any Hazardous Materials on any property notice of non-compliance with Environmental Laws or knowledge by the Borrower or its Subsidiariesof a Release, provide to the Administrative Agent Lender within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Lender, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent Lender determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Lender may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative AgentLender, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Accuride Corp)

Preparation of Environmental Reports. At In the event an Environmental Action occurs or is issued to any of the Loan Parties which could reasonably be expected to have a Material Adverse Effect, at the request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the BorrowerBorrowers, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerCompany, and such Loan Party the Company hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment; provided that in no event shall the Administrative Agent require the preparation and delivery of any environmental site assessment report for the property of Xxx Xxxxx Fresh Produce (Hawaii) Inc., which is subject to an Administrative Order Consent effective as of September 28, 1995.

Appears in 1 contract

Samples: Credit Agreement (Fresh Del Monte Produce Inc)

Preparation of Environmental Reports. At If any Agent shall reasonably believe that a material environmental event has occurred on any parcel of real property owned or leased by any Borrower Group Member after the date hereof, at the request of such Agent describing in reasonable details the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence basis of any Hazardous Materials on any property of the Borrower or its Subsidiariessuch belief, provide to the Administrative each Agent within sixty (60) 90 days after such request, at the expense of the Borrower, an a Phase I environmental site assessment report for any Specified Real Estate the properties described in such request, request prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Representative Agents, indicating the presence or absence of Hazardous Materials and the estimated cost of any legally required compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without . Without limiting the generality of the foregoing, if the Administrative any Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, any Representative Agent may, at the Administrative Agent may time following the forty-fifth day after the request of such Agent, retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative each Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Common Terms Agreement (Allegheny Energy Supply Co LLC)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk that could reasonably be expected to have a Material Adverse Effect exists and that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns or operates any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lender Parties, such firm and any agents or representatives thereof thereof, an irrevocable non-exclusive nonexclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Fitness Holdings Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time Required Lenders upon the occurrence of an Event of Default or to time if the Administrative Agent reasonably suspects extent that the presence Required Lender has a reasonable belief that there has been a release of any Hazardous Materials on any property of the Borrower or its Subsidiaries, provide to the Administrative Agent Lenders within sixty (60) days after such request, at the expense of the BorrowerCompany, an environmental site assessment report consisting of a Phase I level report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrowers, and such Loan Party the Company hereby grants and agrees to cause any Domestic Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Super Micro Computer, Inc.)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if and upon the Administrative Agent reasonably suspects occurrence and during the presence continuance of any Hazardous Materials on any property an Event of the Borrower or its SubsidiariesDefault, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines in its good faith and reasonable judgment at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, after written notice to the Borrower, retain an environmental consulting firm to prepare such report at the expense of the Borrower, unless the Borrower shall have given adequate assurances reasonably acceptable to the Administrative Agent within three Business Days of such notice that such a report will be delivered within such 60-day period, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents the Administrative Agent or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Term Loan Agreement (Alliance Resource Partners Lp)

Preparation of Environmental Reports. At Upon the reasonable written request of the Administrative Agent from time to time if during the Administrative Agent reasonably suspects the presence continuance of any Hazardous Materials on any property an Event of the Borrower or its SubsidiariesDefault, provide to the Administrative Agent within sixty (60) 60 days after receipt of such written request, at the expense of the BorrowerBorrower or such Loan Party, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials at levels exceeding those allowed by Environmental Laws and the estimated cost of any compliance, removal or remedial action required by Environmental Laws in connection with any Hazardous Materials on such properties; , without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrower or such Loan Party, and such each Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: First Lien Credit Agreement (Berliner Communications Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any Required Lenders (which request may be made no more than once per year for each property of the Borrower or and its Subsidiaries), provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such propertiesproperties and such other reports as the Administrative Agent may reasonably request; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (NGA Holdco, LLC)

Preparation of Environmental Reports. At The Borrower will, and will cause each of its Subsidiaries and all other Mission Entities to, at the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such 5432461v.2 25690/685 request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Mission Broadcasting Inc)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent or the Collateral Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariesbut no more frequently than once every two years, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the BorrowerParent, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such requestthe Mortgages, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent or the Collateral Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Collateral Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request the Mortgages to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Servico Market Center Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if Required Lenders during the Administrative Agent reasonably suspects the presence existence of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault, provide to the Term Loan Lenders within 30 days (or such longer period as the Administrative Agent within sixty may agree (60at the direction of the Required Lenders)) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without . Without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Restricted Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Term Loan Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Super Priority Credit Agreement (Basic Energy Services, Inc.)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its SubsidiariesAgent, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an a Phase I environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Agent (and, if based upon the reasonable recommendation of such environmental consulting firm, a Phase II environmental site assessment report within a commercially reasonable time period) indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time that a material risk exists that any such report will not be provided within the time referred to aboveabove and the Administrative Agent reasonably believes that the Lender Parties have breached any representation, warranty or covenant in Section 4.01(n), the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Parent Guarantor hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the an environmental consultant retained by Administrative Agent, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenantstenants and to the reasonable conditions of the respective Subsidiaries, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Preparation of Environmental Reports. At the request of the Administrative Agent from Holders at any time to time if that the Administrative Agent reasonably suspects Holders, in their reasonable judgment, believe that the presence prospect of any Hazardous Materials on any property payment of the Obligations of the Credit Parties under the Loan Documents in the normal course is impaired (but in no event more than once in any two year period, unless an Event of Default has occurred and is continuing), the Borrower or its Subsidiaries, will provide to the Administrative Agent Holders within sixty (60) 120 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' owned properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent)Holders, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such propertiesMaterials; without limiting the generality of the foregoing, if the Administrative Agent determines Holders determine at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Holders may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentHolders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Loan Agreement (Headwaters Inc)

Preparation of Environmental Reports. At the request of the Multicurrency Administrative Agent or the Required Lenders from time to time if time, (a) provide to the Administrative Agent reasonably suspects the presence Lenders any available environmental site assessment report for any of any Hazardous Materials on its properties described in such report and (b) with respect to any property with respect to which there has been a material violation of the Borrower or its SubsidiariesEnvironmental Laws, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the BorrowerLoan Parties, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Multicurrency Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Multicurrency Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Multicurrency Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerLoan Parties, and such the Loan Party Parties hereby grants grant and agrees agree to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Multicurrency Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Invacare Corp)

Preparation of Environmental Reports. At Upon the reasonable written request of the Administrative Agent from time to time if after the Administrative Agent reasonably suspects occurrence of an Environmental Action or the presence of material quantities or concentrations of any Hazardous Materials on at any owned real property of the Borrower or its SubsidiariesLoan Parties, provide to the Administrative Agent Lender Parties, which cause, or would be reasonably likely to cause, a Material Adverse Effect, within sixty (60) 90 days after Borrower's receipt of such request, at the expense of the BorrowerBorrower or such Loan Party, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm selected by such Loan Party and reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action required under Environmental Laws or consistent with commercially reasonable business practices in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrower or such Loan Party, and such each Loan Party hereby grants and agrees to provide and cause any Subsidiary that owns any property described in such request to grant at the time of such request provide reasonable access to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive licensethereof, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Senior Revolving Credit Agreement (Adams Respiratory Therapeutics, Inc.)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence time, but no more frequently than once per year so long as no Event of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault has occurred and is continuing, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment ASTM Phase I Environmental Site Assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Agent in its reasonable discretion, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliancecompliance action, removal or remedial action required by applicable Environmental Law in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines in its reasonable discretion at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Intersil Corp/De)

Preparation of Environmental Reports. At the request of the Administrative Agent or the Collateral Agent from time to time if the Administrative Agent reasonably suspects the presence (but no more frequently than once every 12 months unless an Event of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault is continuing), provide to the Administrative Agent Lender Parties within sixty (60) days 60 Business Days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such requestthe Mortgages, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent or the Collateral Agent reasonably determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Collateral Agent may retain an a nationally recognized environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Parent hereby grants and agrees to cause any Subsidiary that owns any property described in such request the Mortgages to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Triple Crown Media, Inc.)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if once a year or whenever the Administrative Agent reasonably suspects believes there is a material risk or whenever there is an acquisition or sale of property, and, in any event, during the presence continuance of any Hazardous Materials on any property an Event of the Borrower or its SubsidiariesDefault, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Afa Products Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent or the Collateral Agent from time to time if the Administrative Agent reasonably suspects the presence on account of a material environmental condition relating to any Hazardous Materials on any property of the Borrower properties described in the Mortgages or its Subsidiariesduring the continuance of an Event of Default, but in any event no more than once during any year, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such requestthe Mortgages, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action as required by Environmental Laws in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent or the Collateral Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Collateral Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request the Mortgages to grant at the time of such request to the Administrative AgentAgents, the Lenders, such firm and any agents or representatives thereof an irrevocable non-non exclusive license, subject to the rights of tenantstenants and to the requirement that business operations not be substantially impaired or limited, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Landrys Restaurants Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of upon a reasonable belief that any Hazardous Materials on Loan Party has breached any property representation or covenant herein regarding environmental matters, or that any of the Borrower or its Subsidiariesenvironmental matters set forth on Schedule 4.01(q) have changed in a manner that could reasonably be expected to result in a Material Adverse Effect, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the BorrowerHoldings, an environmental site assessment report for any Specified Real Estate described in with respect to the subject matter of such requestactual or potential breach, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating indicating, as relevant under the circumstances, the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such propertiesMaterials; or without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerHoldings, and such Loan Party Holdings hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive nonexclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Alpharma Inc)

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Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if upon the Administrative Agent reasonably suspects the presence occurrence of any release of Hazardous Materials on or other event governed by Environmental Law that could reasonably be expected to materially impair the interests of the Secured Parties in any material property of the Borrower or its SubsidiariesLoan Parties, provide to the Administrative Agent Lenders within sixty (60) 90 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in of such requestproperties, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.. 102

Appears in 1 contract

Samples: Credit Agreement (Cenveo, Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if upon the occurrence and during the continuance of a Default or upon the reasonable belief of the Required Lenders or the Administrative Agent reasonably suspects the presence of any that Hazardous Materials contamination of a nature or to an extent not set forth on Schedule 4.01(v), 4.01(w) or 4.01(x) hereto may be present on any property of described in the Borrower Mortgages in a manner or its Subsidiariescondition that could reasonably be expected to have a Material Adverse Effect, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such requestthe Mortgages, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the 130 foregoing, if the Administrative Agent determines Required Lenders reasonably determine at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Required Lenders may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request the Mortgages to grant at the time of such request request, to the Administrative AgentAgents, the Under Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessmentassessment at any reasonable time and upon reasonable prior notice.

Appears in 1 contract

Samples: Credit Agreement (Amf Group Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if and upon the Administrative Agent reasonably suspects occurrence and during the presence continuance of any Hazardous Materials on any property an Event 105 Alliance Resource of the Borrower or its SubsidiariesDefault, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines in its good faith and reasonable judgment at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, after written notice to the Borrower, retain an environmental consulting firm to prepare such report at the expense of the Borrower, unless the Borrower shall have given adequate assurances reasonably acceptable to the Administrative Agent within three Business Days of such notice that such a report will be delivered within such 60-day period, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Alliance Resource Partners Lp)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if at the Administrative Agent reasonably suspects following times: (i) upon the presence occurrence and continuance of an Event of Default, (ii) upon the acquisition of real property by any Hazardous Materials on Loan Party or any property of its Subsidiaries and (iii) and no more than two other times (determined in the discretion of the Borrower or its SubsidiariesRequired Lenders) during the term of this Agreement, provide to the Administrative Agent Lender Parties within sixty (60) 90 days after such request, at the expense of the Borrower, an a Phase I environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' owned properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Agent (and, if based upon the recommendation of such environmental consulting firm, a Phase II environmental site assessment report) indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request, to the Administrative Agent or to any Lender Party who makes such request to through the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Mediq Inc)

Preparation of Environmental Reports. At Upon the reasonable written request of the Administrative Agent from time to time if during the Administrative Agent reasonably suspects the presence continuance of any Hazardous Materials on any property an Event of the Borrower or its SubsidiariesDefault, provide to the Administrative Agent within sixty (60) 60 days after receipt of such written request, at the expense of the BorrowerBorrower or such Loan Party, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials at levels exceeding those allowed by Environmental Laws and the estimated cost of any compliance, removal or remedial action required by Environmental Laws in connection with any Hazardous Materials on such properties; , without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrower or such Loan Party, and such each Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentAgents, the Second Lien Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Berliner Communications Inc)

Preparation of Environmental Reports. At If the request Co-Lead Arrangers have reason to believe that there is or may be a violation of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of an Environmental Law by the Borrower or its Subsidiariesany Subsidiary and request a report, provide to the Administrative Agent to provide to the Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent)Co-Lead Arrangers, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines Co-Lead Arrangers determine at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Co-Lead Arrangers may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentCo-Lead Arrangers, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Amo Holdings LLC)

Preparation of Environmental Reports. At In the event that the Required Lenders reasonably believe that the Borrower has breached any provision of this Agreement relating to environmental matters, at the written request of the Administrative Agent Required Lenders from time to time if time, which shall specify in reasonable detail the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariesbasis for such request, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials such breach and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on curing such propertiesbreach; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Fresh Foods Properties LLC)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Holders from time to time if the Administrative Agent reasonably suspects the presence (but no more frequently than once every 12 months unless an Event of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault is continuing), provide to the Administrative Agent Holders within sixty (60) days 60 Business Days after such request, at the expense of the BorrowerCompany, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such requestthe Mortgages, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent)Required Holders, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines Required Holders reasonably determine at any time that a material risk exists that any such report will not be provided within the time referred to above, the Required Holders may direct the Administrative Agent may or the Collateral Agent to retain an a nationally recognized environmental consulting firm to prepare such report at the expense of the BorrowerCompany, and such Loan Party the Co-Issuers hereby grants grant and agrees agree to cause any Subsidiary that owns any property described in such request the Mortgages to grant at the time of such request to the Administrative AgentAgents, the Holders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Second Lien Senior Secured Note Agreement (Triple Crown Media, Inc.)

Preparation of Environmental Reports. At the request of the Administrative Agent or the Collateral Agent from time to time if the Administrative Agent reasonably suspects the presence (but no more frequently than once every 12 months unless an Event of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault is continuing), provide to the Administrative Agent Lenders within sixty (60) days 60 Business Days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such requestthe Mortgages, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent or the Collateral Agent reasonably determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Collateral Agent may retain an a nationally recognized environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Parent hereby grants and agrees to cause any Subsidiary that owns any property described in such request the Mortgages to grant at the time of such request to the Administrative AgentAgents, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Triple Crown Media, Inc.)

Preparation of Environmental Reports. At the request of the Administrative Agent or the Collateral Agent from time to time if after the Administrative Agent reasonably suspects occurrence and during the presence continuance of any Hazardous Materials on any property of the Borrower or its Subsidiariesa Default, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the BorrowerCompany, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines or the Collateral Agent determine at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Collateral Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerCompany, and such Loan Party the Company hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (WHX Corp)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its SubsidiariesAgent, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower (provided, HOWEVER, that Borrower shall only be required to pay for such report after the occurrence and continuation of an Event of Default or if the Administrative Agent's request results from its belief that there has been a release or threatened release of Hazardous Materials at any of Borrower's or any of its Subsidiaries' property), an a Phase I environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Agent (and, if based upon the recommendation of such environmental consulting firm, a Phase II environmental site assessment report) indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such requested report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Boca Resorts Inc)

Preparation of Environmental Reports. At Upon the occurrence and during the continuance of a Default or other circumstances that may reasonably be likely to have a Material Adverse Effect, at the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its SubsidiariesRequired Lenders, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Alderwoods Group Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of believes the Borrower or its Subsidiarieshas failed to comply with the provisions of Section 5.12, provide to the Administrative Agent Lender Parties within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter upon reasonable notice onto its or their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Abl Credit Agreement (Accuride Corp)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its SubsidiariesAgent, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower (PROVIDED, HOWEVER, that Borrower shall only be required to pay for such report after the occurrence and continuation of an Event of Default or if the Administrative Agent's request results from its belief that there has been a release or threatened release of Hazardous Materials at any of Borrower's or any of its Subsidiaries' property), an a Phase I environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Agent (and, if based upon the recommendation of such environmental consulting firm, a Phase II environmental site assessment report) indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such requested report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Wright Bilt Corp)

Preparation of Environmental Reports. At the request of the Administrative Paying Agent from time to time if and upon the Administrative Agent reasonably suspects occurrence and during the presence continuance of any Hazardous Materials on any property an Event of the Borrower or its SubsidiariesAlliance Credit Agreement 72 72 Default, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Paying Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Paying Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Paying Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Paying Agent, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Alliance Resource Partners Lp)

Preparation of Environmental Reports. At the request of the Administrative Agent or the Collateral Agent from time to time if the Administrative Agent reasonably suspects the presence on account of a material environmental condition relating to any Hazardous Materials on any property of the Borrower properties described in the Mortgages or its Subsidiariesduring the continuance of an Event of Default, but in any event no more than once during any year, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Restricted Subsidiaries’ properties described in such requestthe Mortgages, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent or the Collateral Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Collateral Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Restricted Subsidiary that owns any property described in such request the Mortgages to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenantstenants and to the requirement that business operations not be substantially impaired or limited, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Landrys Restaurants Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its SubsidiariesAgent, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an a Phase I environmental site assessment report for any Specified Real Estate of its or its Material Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Agent (and, if based upon the recommendation of such environmental consulting firm, a Phase II environmental site assessment report) indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Safety 1st Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if (but not more than once a year unless an Event of Default then exists), provide, at the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property expense of the Borrower or its SubsidiariesBorrower, provide to the Administrative Agent within sixty (60) days after the Administrative Agent has made a request for such report or data setting forth a basis for the request, at the expense of the Borrower, an environmental site assessment report or other reasonable environmental data for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials or any violation of Environmental Laws and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such propertiesproperties prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, in lieu of requiring the Borrower to provide such report within the time referred to above, retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrower (a copy of which will be provided to the Borrower at its request), and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Lehigh Gas Partners LP)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Alexion Pharmaceuticals Inc)

Preparation of Environmental Reports. At If an Event of Default shall have occurred and be continuing, at the request of the Administrative Agent from time with respect to time if any Environmental Action, condition or occurrence that the Administrative Agent or the Required Lenders reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariesdeem to be material, provide to the Administrative Agent Lenders within sixty (60) 90 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate the properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Geon Co)

Preparation of Environmental Reports. At If an Event of Default shall have occurred and be continuing, at the request of the Administrative Agent from time with respect to time if any Environmental Action, condition or occurrence that the Administrative Agent or the Required Lenders reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariesdeem to be material, provide to the Administrative Agent Lenders within sixty (60) 90 days after such request, at the expense of the BorrowerCompany, an environmental site assessment report for any Specified Real Estate the properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerCompany, and such Loan Party the Company hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.. 50

Appears in 1 contract

Samples: 364 Day Credit Agreement (Geon Co)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if at the following times: (i) upon the occurrence and during the continuance of a Default, (ii) upon the reasonable belief of the Required Lenders or the Administrative Agent reasonably suspects the presence of any that Hazardous Materials contamination may be present on any a property of a Loan Party or any of its Subsidiaries and (iii) in addition to the Borrower or its Subsidiariestimes referred to in clauses (i) and (ii) above, once a year during the term of this Agreement, provide to the Administrative Agent Lenders within sixty (60) 120 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate all of the Borrower's, the Guarantor's and their Subsidiaries' properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), Agent indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party each of the Borrower and the Guarantor hereby grants and agrees to cause any Subsidiary that which owns any property described in such the request to grant at the time of such request request, to the Administrative Agent, the Co-Agents, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessmentassessment at reasonable times and in such a manner as will not materially interfere with the use of any such property by the owner and tenant.

Appears in 1 contract

Samples: Credit Agreement (Imc Global Inc)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent from time to time if (not to exceed once per year for each such property, except during the Administrative Agent reasonably suspects the presence continuance of any Hazardous Materials on any property of the Borrower or its SubsidiariesDefault), provide to the Administrative Agent within sixty (60) 60 days after such requestrequest or such later date as may be agreed to by the Administrative Agent, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Building Materials Manufacturing Corp)

Preparation of Environmental Reports. At the request of the Administrative Agent from at the following times: (i) upon the occurrence and continuance of an Event of Default, (ii) upon the acquisition of real property by any Loan Party or any of its Subsidiaries and (iii) at any time when the Lenders have reason to time if believe that a condition exists or an event has occurred with respect to any properties owned or operated by the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its SubsidiariesLoan Parties and their Subsidiaries that may result in material liability, provide to the Administrative Agent Lender Parties within sixty (60) 90 days after such request, at the expense of the Borrower, an a Phase I environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' owned properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Agent (and, if based upon the recommendation of such environmental consulting firm, a Phase II environmental site assessment report) indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, upon at least 10 days' written notice to the Borrower, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request, to the Administrative Agent or to any Lender Party who makes such request to through the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Mediq Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of Required Lenders determine in their reasonable discretion that the Borrower or its Subsidiariesmay not be in compliance with the provisions of this Agreement related to Environmental Laws, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (On Assignment Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent from time to time if and upon the Administrative Agent reasonably suspects occurrence and during the presence continuance of any Hazardous Materials on any property an Event of the Borrower or its SubsidiariesDefault, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries’ properties described in such request, prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines in its good faith and reasonable judgment at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, after written notice to the Borrower, retain an environmental consulting firm to prepare such report at the expense of the Borrower, unless the Borrower shall have given adequate assurances reasonably acceptable to the Administrative Agent within three Business Days of such ​ ​ notice that such a report will be delivered within such 60-day period, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Alliance Resource Partners Lp)

Preparation of Environmental Reports. At Upon the occurrence and during -------------------------------------- continuation of a Default or an Event of Default and at the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lenders within sixty (60) 60 days after such request, at the expense of the BorrowerCompany, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such requestthe Mortgages, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time (upon the occurrence and continuance of a Default or an Event of Default) that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerCompany, and such Loan Party the Company hereby grants and agrees to cause any Subsidiary that owns any property described in such request the Mortgages to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.. 7.18

Appears in 1 contract

Samples: Credit Agreement (Macdermid Inc)

Preparation of Environmental Reports. At the request of If the Administrative Agent from time to time if the Administrative Agent shall reasonably suspects the presence of any Hazardous Materials believe that a material environmental event has occurred on any parcel of real property owned or leased by it or any of its Subsidiaries (other than the Borrower or its SubsidiariesAESC Companies) after the date hereof, provide to the Administrative Agent within sixty (60) 90 days after receipt of a written request from the Administrative Agent in which the Administrative Agent describes in reasonable detail the basis for such requestbelief, at the expense of the BorrowerAYE’s expense, an a Phase I environmental site assessment report for any Specified Real Estate the properties described in such request, request prepared by a nationally recognized environmental consulting firm (or other an environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or AYE Refinancing Credit Agreement 72 absence of Hazardous Materials and the estimated cost of any legally required compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without . Without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may may, at the time following the forty-fifth day after the request of the Administrative Agent, retain an environmental consulting firm to prepare such report at the expense of the BorrowerAYE, and such Loan Party AYE hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Allegheny Energy, Inc)

Preparation of Environmental Reports. At the reasonable request of the Administrative Agent or the Collateral Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiariestime, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiaries' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent or the Collateral Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent or the Collateral Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent or the Collateral Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (Stage Stores Inc)

Preparation of Environmental Reports. At the request of the Administrative Agent Required Lenders from time to time if after the Administrative Agent reasonably suspects the presence occurrence of any Hazardous Materials on any property of the Borrower or its Subsidiariesa Default, provide to the Administrative Agent Lender Parties within sixty (60) 60 days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate of its or its Subsidiary Parties' properties described in such request, prepared by a nationally recognized an environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent)Required Lenders, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines Required Lenders determine at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent on behalf of the Required Lenders may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party the Borrower hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request request, to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.. 58 NYDOCS03/100354 Xxxxxxxx'x International Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Applebees International Inc)

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