Common use of Preparation of Environmental Reports Clause in Contracts

Preparation of Environmental Reports. At the request of the Required Lenders during the occurrence and continuance of an Event of Default, provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such request, prepared by 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 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.)

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Preparation of Environmental Reports. At the request of the Required Lenders during Debt Coordinator from time to time after receipt of a notice of the occurrence and continuance of an Event of Defaulttype specified in Section 6.03(o), provide counsel to the Lenders Debt Coordinator within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the BorrowerUSI, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative AgentDebt 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 the Borrower USI 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 AgentDebt Coordinator, the LendersBanks, 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: General Provisions and Intercreditor Agreement (Us Industries Inc /De), Provisions and Intercreditor Agreement (Us Industries Inc /De)

Preparation of Environmental Reports. At the request of the Required Lenders during Lenders, and only in the occurrence and continuance case of an Event incurrence of DefaultEnvironmental Liability which could reasonably be expected to be in excess of the Threshold Amount, provide to the Lenders within 60 120 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such request, prepared by 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 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: Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Tri-State Generation & Transmission Association, 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 Required Lenders during the occurrence and continuance of an Event of DefaultAdministrative Agent, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the BorrowerBRW, an environmental site assessment report in connection with such Default or other circumstances for any of its or its Subsidiaries’ properties described in such request, prepared by 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 BorrowerBRW, and the Borrower BRW 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 AgentAgents, the LendersLender 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 Communications Inc), Credit Agreement (Broadwing Inc)

Preparation of Environmental Reports. At the request of the Required Lenders during the occurrence and continuance of an Event of Defaultfrom time to time, provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its real properties then constituting Collateral and described in such request, prepared by 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 an Event of Default has occurred and is continuing and 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 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: Credit Agreement (Ferrellgas Partners Finance Corp), Security Agreement (Ferrellgas Partners Finance Corp)

Preparation of Environmental Reports. At the reasonable request of the Required Lenders during the occurrence and continuance of from time to time (but unless an Event of DefaultDefault has occurred and is continuing, no more than one time per calendar year), provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such request, prepared by 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 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: Assignment and Assumption (Sheridan Group Inc), Assignment and Assumption (Sheridan Group Inc)

Preparation of Environmental Reports. At If an Event of Default shall have occurred and be continuing, at the request of the Agent with respect to any Environmental Action, condition or occurrence that the Agent or the Required Lenders during the occurrence and continuance of an Event of Defaultreasonably deem to be material, provide to the Lenders within 60 90 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the BorrowerCompany, an environmental site assessment report for any of its the properties described in such request, prepared by 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 BorrowerCompany, and the Borrower Company 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 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: Year Credit Agreement (Polyone Corp), Year Credit Agreement (Polyone Corp)

Preparation of Environmental Reports. At If an Event of Default caused by reason of a breach of Section 4.20 or Section 6.8 shall have occurred and be continuing, then the Credit Parties shall, at the request of the Required Lenders during the occurrence and continuance of an Event of DefaultHolders, provide to the Lenders Holders within 60 45 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the BorrowerCredit Parties, an a Phase I environmental site assessment report for any of the Company's or its Subsidiaries' properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative AgentHolders (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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 BorrowerCredit Parties, and each of the Borrower Credit Parties 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 request, to the Administrative Agent, the Lenders, 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 2 contracts

Samples: Investment Agreement (Sunsource Inc), Investment Agreement (Sunsource Inc)

Preparation of Environmental Reports. (i) At the request of the Required Lenders during Administrative Agent or the occurrence and continuance of an Event of DefaultCollateral Agent from time to time, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 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 AgentAgents, the LendersLender 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 (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc)

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 Required Lenders during the occurrence and continuance of an Event of DefaultAdministrative Agent from time to time, provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such 5432461v.2 25690/685 request, prepared by 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 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 1 contract

Samples: Shared Services Agreement (Mission Broadcasting Inc)

Preparation of Environmental Reports. At the request of the Required Lenders during the occurrence and continuance of an Event of Default------------------------------------ Agent, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an a Phase I environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative AgentAgent (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 ; 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 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 request, to the Administrative Agent, the LendersLender 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 (Telespectrum Worldwide 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 Required Lenders during the occurrence and continuance of an Event of DefaultAdministrative Agent, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the BorrowerCBI, an environmental site assessment report in connection with such Default or other circumstances for any of its or its Subsidiaries’ properties described in such request, prepared by 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 BorrowerCBI, and the Borrower CBI 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 AgentAgents, the LendersLender 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 (Cincinnati Bell 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 Required Lenders during the occurrence and continuance of an Event of DefaultLenders, provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such request, prepared by 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 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 1 contract

Samples: Credit Agreement (Alderwoods Group Inc)

Preparation of Environmental Reports. At If an Event of Default shall have occurred and be continuing, at the request of the Required Lenders during Administrative Agent or the occurrence and continuance of an Event of DefaultMajority Lenders, provide to the Lenders within 60 120 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its the properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative AgentAgent or the Majority 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably or the Majority 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 Majority Lenders, as the case may be, may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and 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 its properties to undertake such an assessment.

Appears in 1 contract

Samples: Loan Agreement (Crowley Maritime Corp)

Preparation of Environmental Reports. At the request of the Required Lenders during Administrative Agent or the occurrence and continuance of an Event of DefaultCollateral Agent from time to time, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries’ properties described in such request, prepared by 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 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 AgentAgents, the LendersLender 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 (Steel Dynamics Inc)

Preparation of Environmental Reports. At the request of the Required Lenders during Paying Agent from time to time and upon the occurrence and during the continuance of an Event of Alliance Credit Agreement 72 72 Default, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by an 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 ; without limiting the generality of the foregoing, if the Administrative Paying 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 Paying Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and 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 Paying Agent, the LendersLender 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 If a Default caused by reason of a breach of Section 5.09 or 6.13 shall have occurred and be continuing, at the request of the Required Lenders during the occurrence and continuance of an Event of Defaultfrom time to time, provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such request, prepared by 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 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 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 (Dennys Corp)

Preparation of Environmental Reports. At If a Default caused by reason of a breach of Section 5.09 or 6.13 shall have occurred and be continuing, at the request of the Required Lenders during the occurrence and continuance of an Event of Defaultfrom time to time, provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such request, prepared by 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 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 1 contract

Samples: Credit Agreement (Dennys Corp)

Preparation of Environmental Reports. At the request of the Required Lenders during Lender, not more frequently than once per year, after receipt by the occurrence and continuance Borrower of an Event any notice of Defaultnon-compliance with Environmental Laws or knowledge by the Borrower of a Release, provide to the Lenders Lender within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative AgentLender, 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 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 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 request, to the Administrative Agent, the LendersLender, 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 If a Default caused by reason of a breach of Section 5.09 or 6.13 shall have occurred and be continuing, at the request of the Required Lenders during the occurrence and continuance of an Event of Defaultfrom time to time, provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the BorrowerBorrowers, an environmental site assessment report for any of its properties described in such request, prepared by 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 BorrowerBorrowers, and the Borrower Borrowers hereby grants grant 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 1 contract

Samples: Assignment and Assumption (Dennys Corp)

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Preparation of Environmental Reports. At the request of the Required Lenders during the occurrence and continuance of an Event of Defaultfrom time to time, provide to the Required Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of Borrowers (but if there is no reasonable basis to conclude that the Borrowerrelevant environmental reports delivered by the relevant Borrowers pursuant to Section 4.1(c)(i) above are no longer accurate, an at the expense of the Administrative Agent), a new environmental site assessment report for all or any part of its properties described in such requestthe Projects, prepared by 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 BorrowerBorrowers, and the each 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 tenantsTenants, to enter onto their its respective properties to undertake such an assessment.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Preparation of Environmental Reports. At the request of the Required Lenders during (which request may be made no more than once per year for each property of the occurrence Borrower and continuance of an Event of Defaultits Subsidiaries), provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such request, prepared by 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 properties and such other reports as the Administrative Agent may reasonably request; 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 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 1 contract

Samples: Credit Agreement (NGA Holdco, LLC)

Preparation of Environmental Reports. At the reasonable request of the Required Lenders during Administrative Agent or the occurrence and continuance of an Event of DefaultCollateral Agent from time to time, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries’ properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent and 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 the Borrower Parent 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 AgentAgents, the LendersLender 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: Intellectual Property Security Agreement (TLC Vision Corp)

Preparation of Environmental Reports. At the request of the Required Lenders during from time to time after the occurrence and continuance of an Event of a Default, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiary Parties' properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative AgentRequired 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 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 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.. 58 NYDOCS03/100354 Xxxxxxxx'x International Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Applebees International Inc)

Preparation of Environmental Reports. At the request of the Required Lenders during Administrative Agent or the occurrence and continuance of an Event of DefaultCollateral Agent from time to time, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 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 AgentAgents, the LendersLender 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 (Steel Dynamics Inc)

Preparation of Environmental Reports. At If an Event of Default shall have occurred and be continuing, at the request of the Agent with respect to any Environmental Action, condition or occurrence that the Agent or the Required Lenders during the occurrence and continuance of an Event of Defaultreasonably deem to be material, provide to the Lenders within 60 90 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its the properties described in such request, prepared by 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 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 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 (Polyone Corp)

Preparation of Environmental Reports. At the request of the Required Lenders during the occurrence and continuance existence of an Event of any Default, provide to the Lenders within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its properties described in such request, prepared by 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 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 1 contract

Samples: Assignment and Assumption (Basic Energy Services Inc)

Preparation of Environmental Reports. At the reasonable request of the Required Lenders during the occurrence and continuance of an Event of DefaultAdministrative Agent from time to time, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by 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 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 the Borrower hereby grants and agrees to cause any Restricted 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 LendersLender 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 reasonable request of the Required Lenders during Book Manager or the occurrence and continuance of an Event of DefaultCollateral Agent from time to time, provide to the Lenders Lender Parties within 60 90 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Book Manager 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 ; without limiting the generality of the foregoing, if the Administrative Book Manager 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 Book Manager or the Collateral Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and 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 request, to the Administrative AgentAgents, the LendersLender 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 (Amkor Technology Inc)

Preparation of Environmental Reports. At Upon the provision of a notice under Section 5.03(j), at the request of the Required Lenders during the occurrence and continuance of an Event of DefaultAdministrative Agent, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries’ properties described in such request, prepared by 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 is 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 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 AgentAgents, the LendersLender 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 (Hexacomb CORP)

Preparation of Environmental Reports. At the reasonable request of the Required Lenders during Administrative Agent or the occurrence and continuance of an Event of DefaultCollateral Agent from time to time, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 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 AgentAgents, the LendersLender 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 Required Lenders during Administrative Agent or the Collateral Agent from time to time after the occurrence and during the continuance of an Event of a Default, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the BorrowerCompany, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by 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 ; without limiting the generality of the foregoing, if the Administrative Agent reasonably 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 the Borrower Company 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 AgentAgents, the LendersLender 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 Required Lenders during Paying Agent from time to time and upon the occurrence and during the continuance of an Event of Default, provide to the Lenders Lender Parties within 60 days (or such longer period as the Administrative Agent may agree in its sole discretion) after such request, at the expense of the Borrower, an environmental site assessment report for any of its or its Subsidiaries' properties described in such request, prepared by an 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 ; without limiting the generality of the foregoing, if the Administrative Paying 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 Paying Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and 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 Paying Agent, the LendersLender 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)

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