Presence of Hazardous Materials or Hazardous Materials Contamination. To the best of the Borrower’s knowledge, (a) no Hazardous Materials are located on any real property owned, controlled or operated by of the Borrower or for which the Borrower is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by the Borrower in the ordinary course of its current line of business and stored, used and disposed in accordance with applicable Laws; and (b) no property owned, controlled or operated by the Borrower or for which the Borrower has, or is claimed to have, responsibility has ever been used as a manufacturing, storage, or dump site for Hazardous Materials nor is affected by Hazardous Materials Contamination at any other property.
Presence of Hazardous Materials or Hazardous Materials Contamination. To the best of the Borrower's knowledge, (a) no Hazardous Materials are located on any real property owned, controlled or operated by of the Borrower or for which the Borrower is responsible, except for reasonable quantities of necessary supplies for use by the Borrower in the ordinary course of the its current line of business and stored, used and disposed in accordance with applicable Laws; and (b) no property owned, controlled or operated by the Borrower has ever been used as a manufacturing, storage, or dump site for Hazardous Materials nor is affected by Hazardous Materials Contamination at any other property.
Presence of Hazardous Materials or Hazardous Materials Contamination. To the best of Borrowers’ knowledge, (a) no Hazardous Materials are located on any real property owned, controlled or operated by any Borrower or for which any Borrower is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by any Borrower in the ordinary course of its current line of business and stored, used and disposed in accordance with applicable Laws, except for any non-compliance which individually or in the aggregate could not have a material adverse affect on any Borrower or any of its Subsidiaries taken as a whole; and (b) no property owned, controlled or operated by any Borrower or for which any Borrower has, or is claimed to have, responsibility has ever been used as a manufacturing, storage, or dump site for Hazardous Materials except in compliance with applicable Laws, except for any non-compliance which individually or in the aggregate could not have a material adverse affect on any Borrower or any of its Subsidiaries taken as a whole nor is affected by Hazardous Materials Contamination at any other property except for any such Hazardous Materials that individually or in the aggregate could not have a material adverse affect on any Borrower or any of its Subsidiaries taken as a whole.
Presence of Hazardous Materials or Hazardous Materials Contamination. Borrower has not placed Hazardous Materials on the Property. To the best of Borrower’s knowledge, no Hazardous Materials are located on the Property, except for reasonable quantities of necessary supplies for use by SSLMI in the ordinary course of its current line of business and stored, used and disposed of in accordance with applicable Laws, and, to the best of Borrower’s knowledge, the Property has never been used as a manufacturing, storage, or dump site for Hazardous Materials nor is the Property affected in any materially adverse way by Hazardous Materials Contamination.
Presence of Hazardous Materials or Hazardous Materials Contamination. Except as otherwise disclosed to the Lender in Schedule 4.1.19 contained in the Disclosure Schedule, to the best of each Borrower’s knowledge, (a) no Hazardous Materials are located on any real property owned, controlled or operated by of any Borrower or for which any Borrower is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by a Borrower in the ordinary course of its current line of business and stored, used and disposed in accordance with applicable Laws; and (b) no property owned, controlled or operated by any Borrower or for which any Borrower has, or is claimed to have, responsibility has ever been used as a manufacturing, storage, or dump site for Hazardous Materials nor is affected by Hazardous Materials Contamination at any other property, except where such Hazardous Materials Contamination would reasonably be expected to have a Material Adverse Effect on the Borrowers.
Presence of Hazardous Materials or Hazardous Materials Contamination. To the best of the Borrower's knowledge and except as disclosed in writing to the Agent in Schedule hereof with respect to any matters existing as of the Closing Date and except as hereafter disclosed in writing to the Agent with respect to any matters arising after the Closing Date, (a) no Hazardous Materials are located on any real property owned, controlled or operated by the Borrower or any of its Subsidiaries or for which the Borrower or any of its Subsidiaries is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by the Borrower and/or its Subsidiaries any of their respective tenants in the ordinary course of its or their current lines of business and stored, used and disposed in accordance with applicable Laws; and (b) no property owned, controlled or operated by the Borrower or any of its Subsidiaries or for which the Borrower or any of its Subsidiaries has, or is claimed to have, responsibility is affected by any material Hazardous Materials Contamination at any other property. In addition, as of the Closing Date, the Borrower represents and warrants that it has no existing monitoring or observation xxxxx located at Lawrence, Kansas (including Aeroquip); Evansville, Indiana; Indian Trail, North Carolina; and Reno, Nevada properties from which groundwater can be sampled and analyzed.
Presence of Hazardous Materials or Hazardous Materials Contamination. To each Debtor’s knowledge, and except as permitted by applicable Governmental Requirements, no Hazardous Materials are located on any real property owned, operated or controlled by any Debtor or for which any Debtor is responsible and for which remedial or corrective action would be required under applicable Governmental Requirements, except as would not reasonably be expected to have a Material Adverse Effect. To each Debtor’s knowledge, and except as permitted by applicable Governmental Requirements, no property owned, operated or controlled by Debtor has ever been used as a manufacturing, storage, or dump site for Hazardous Materials, except as would not reasonably be expected to have a Material Adverse Effect.
Presence of Hazardous Materials or Hazardous Materials Contamination. To the best of the Borrower's knowledge and except as disclosed in writing to the Agent in Schedule 4.1.21 hereof with respect to any matters existing as of the date of this Agreement and except as hereafter disclosed in writing to the Agent with respect to any matters arising after the date of this Agreement, (a) no Hazardous Materials are located on any real property owned, controlled or operated by the Borrower or any Subsidiary or for which the Borrower or any Subsidiary is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by the Borrower and/or the Subsidiaries any of their respective tenants in the ordinary course of its or their lines of business as permitted by this Agreement and stored, used and disposed in accordance with applicable Laws; and (b) no property owned, controlled or operated by the Borrower or any Subsidiary or for which the Borrower or any Subsidiary has, or is claimed to have, responsibility is affected by any material Hazardous Materials Contamination at any other property.
Presence of Hazardous Materials or Hazardous Materials Contamination. The Borrower has not placed Hazardous Materials on any real property owned, controlled or operated by the Borrower or for which the Borrower is responsible. To the best of the Borrower's knowledge, no Hazardous Materials are located on any real property owned, controlled or operated by the Borrower or for which the Borrower is responsible, except for reasonable quantities of necessary supplies for use by the Borrower in the ordinary course of its current line of business and stored, used and disposed of in accordance with applicable Laws, and no property owned, controlled or operated by the Borrower has ever been used by the Borrower or, to the best of the Borrower's knowledge, by any other Person as a manufacturing, storage, or dump site for Hazardous Materials nor is such property affected by Hazardous Materials Contamination, except as may be disclosed in any Phase I environmental assessment delivered to the Agent.
Presence of Hazardous Materials or Hazardous Materials Contamination. Except as disclosed to the Lender in writing prior to the Closing Date or as disclosed in Schedule 4.1.20, to the best of each Obligor's knowledge, (a) no Hazardous Materials are located on any real property owned, controlled or operated by any Obligor or for which any Obligor is, or is claimed to be, responsible, except for reasonable quantities of necessary supplies for use by a Obligor in the ordinary course of its business and stored, used, managed after use and disposed of in compliance in all material respects with applicable Laws or in an amount and manner which would not have a Material Adverse Effect; and (b) no property owned, controlled or operated by any Obligor or for which any Obligor has, or is claimed to have, responsibility, to the knowledge of the Obligors, has ever been used as a manufacturing or dump site for Hazardous Materials nor is affected by Hazardous Materials Contamination at any other property in either case, in any manner which would cause a Material Adverse Effect.
