Common use of Prohibited Activities and Conditions Clause in Contracts

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”) or matters described in Section 6.2, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal of any Hazardous Materials in, on or under the Land or any Improvements, in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land in violation of Hazardous Materials Laws; (c) Any occurrence or condition on the Land or in the Improvements, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or noncompliance with the terms of any Environmental Permit with respect to the Land or the Improvements; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (e) above are referred to collectively in this Article VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”

Appears in 5 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

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Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an O&M Program”) Program or matters described in Section 6.2, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal of any Hazardous Materials in, on or under the Land or Land, any Improvements, or any other property of Borrower that is adjacent to the Land in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land in violation of Hazardous Materials LawsLand; (c) Any occurrence or condition on the Land or in the ImprovementsImprovements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or noncompliance with the terms of any Environmental Permit with respect to the Land Land, the Improvements or any property of Borrower that is adjacent to the ImprovementsLand; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the MortgageSecurity Instrument) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (e) above are referred to collectively in this Article VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement (CNL Healthcare Properties II, Inc.), Loan Agreement (CNL Healthcare Trust, Inc.)

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an O&M Program”) Program or matters described in Section 6.2, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal disposal-of any Hazardous Materials in, on or under the Land or Land, any Improvements, in violation or any other property of applicable Hazardous Materials LawsBorrower that is adjacent to the Land, subject to Section 6.2 below; (b) The transportation of any Hazardous Materials to, from, or across the Land in violation of Hazardous Materials LawsLand, subject to Section 6.2 below; (c) Any occurrence or condition on the Land or in the ImprovementsImprovements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or noncompliance with the terms of any Environmental Permit with respect to the Land Land, the Improvements or any property of Borrower that is adjacent to the ImprovementsLand; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. . (f) The matters described in clauses (a) through (ed) above are referred to collectively in this Article VI as "Prohibited Activities and Conditions" and individually as a "Prohibited Activity and Condition."

Appears in 3 contracts

Samples: Loan Agreement (CNL Retirement Properties Inc), Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an "O&M Program") or matters described in Section 6.2, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal of any Hazardous Materials in, on or under the Land or Land, any Improvements, or any other property of Borrower that is adjacent to the Land in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land in violation of Hazardous Materials LawsLand; (c) Any occurrence or condition on the Land or in the ImprovementsImprovements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) Any violation of or noncompliance with the terms of any Environmental Permit with respect to the Land Land, the Improvements or any property of Borrower that is adjacent to the ImprovementsLand; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (e) above are referred to collectively in this Article VI as "Prohibited Activities and Conditions" and individually as a "Prohibited Activity and Condition."

Appears in 2 contracts

Samples: Loan Agreement (Advocat Inc), Loan Agreement (Advocat Inc)

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”) or the matters described in Section 6.220.2, Borrower Lessee shall not cause or permit to exist any of the following: (a) The presence, use, generation, releaseRelease, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal of any Hazardous Materials in, on or under the Land or any Improvements, in violation of applicable Hazardous Materials LawsLeased Property; (b) The transportation and disposal of any Hazardous Materials to, from, or across the Land in violation of Hazardous Materials Lawsany Leased Property; (c) Any occurrence or condition on the Land any Leased Property or in the Improvementsany other property of Lessee, which occurrence or condition is or may be in violation of Hazardous Materials Environmental Law or give rise to liabilities under Environmental Laws;; or (d) Any violation of or noncompliance with the terms of any Environmental Law or any Environmental Permit with respect to any Leased Property, the Land use or the Improvementsoperation of any Leased Property, or any property of Lessee; or (e) Any Lien (whether The creation of any lien imposed by operation of, or not such Lien has priority over the Lien created by the Mortgage) upon the Land or pursuant to, any Improvements imposed pursuant to any Hazardous Materials LawsEnvironmental Law. The matters described in clauses (a) through (e) above are referred to collectively in this Article VI Section 20 as "Prohibited Activities and Conditions" and individually as a "Prohibited Activity and Condition."

Appears in 1 contract

Samples: Master Lease Agreement (Alterra Healthcare Corp)

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”) or the matters described in Section 6.2, Borrower Lessee shall not cause or permit to exist any of the following: (a) The presence, use, generation, releaseRelease, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal of any Hazardous Materials in, on or under the Land any Property or any Improvements, in violation of applicable Hazardous Materials Laws; (b) The transportation and disposal of any Hazardous Materials to, from, or across any the Land in violation of Hazardous Materials LawsProperty and Improvements; (c) Any occurrence or condition on the Land any Property or in the ImprovementsImprovements or any other property of Lessee, which occurrence or condition is or may be in violation of Hazardous Materials Environmental Law or give rise to liabilities under Environmental Laws; (d) Any violation of or noncompliance with the terms of any Environmental Law or any Environmental Permit with respect to any Property, the Land Improvements the use or operation of any Property or the ImprovementsImprovements or any property of Lessee; or (e) Any Lien (whether The creation of any lien imposed by operation of, or not such Lien has priority over the Lien created by the Mortgage) upon the Land or pursuant to, any Improvements imposed pursuant to any Hazardous Materials LawsEnvironmental Law. The matters described in clauses (a) through (e) above are referred to collectively in this Article VI as “Prohibited Activities and Conditions” "PROHIBITED ACTIVITIES AND CONDITIONS" and individually as a “Prohibited Activity and Condition"PROHIBITED ACTIVITY AND CONDITION."

Appears in 1 contract

Samples: Loan Agreement (Alterra Healthcare Corp)

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Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”) or matters described in Section 6.28.02, Borrower Lessee shall not cause or permit to exist any of the following: (a) The presence, use, generation, releaseRelease, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal of any Hazardous Materials in, on or under the Land any Property or any Improvements, in violation of applicable Hazardous Materials Laws; (b) The transportation and disposal of any Hazardous Materials to, from, or across the Land in violation of Hazardous Materials Lawsany Property and Improvements; (c) Any occurrence or condition on the Land any Property or in the ImprovementsImprovements or any other property of Lessee, which occurrence or condition is or may be in violation of Hazardous Materials Environmental Law or give rise to liabilities under Environmental Laws; (d) Any violation of or noncompliance with the terms of any Environmental Law or any Environmental Permit with respect to any Property, the Land Improvements the use or operation of any Property or the ImprovementsImprovements or any Property of Lessee; or (e) Any Lien (whether The creation of any lien imposed by operation of, or not such Lien has priority over the Lien created by the Mortgage) upon the Land or pursuant to, any Improvements imposed pursuant to any Hazardous Materials LawsEnvironmental Law. The matters described in clauses (a) through (e) above are referred to collectively in this Article VI VIII as “Prohibited Activities and Conditions” "PROHIBITED ACTIVITIES AND CONDITIONS" and individually as a “Prohibited Activity and Condition"PROHIBITED ACTIVITY AND CONDITION."

Appears in 1 contract

Samples: Reimbursement Agreement (Alterra Healthcare Corp)

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an “O&M Program”) or matters described in Section 6.2, Borrower shall not cause or permit to exist any of the following: (a) : The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal of any Hazardous Materials in, on or under the Land or Land, any Improvements, or any other property of Borrower that is adjacent to the Land in violation of applicable Hazardous Materials Laws; (b) ; The transportation of any Hazardous Materials to, from, or across the Land in violation of Hazardous Materials Laws; (c) Land; Any occurrence or condition on the Land or in the ImprovementsImprovements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws; (d) ; Any violation of or noncompliance with the terms of any Environmental Permit with respect to the Land Land, the Improvements or any property of Borrower that is adjacent to the ImprovementsLand; or (e) or Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land or any Improvements imposed pursuant to any Hazardous Materials Laws. The matters described in clauses (a) through (e) above are referred to collectively in this Article VI as “Prohibited Activities and Conditions” and individually as a “Prohibited Activity and Condition.”

Appears in 1 contract

Samples: Loan Agreement (Arv Assisted Living Inc)

Prohibited Activities and Conditions. Except for matters covered by a written program of operations and maintenance approved in writing by Lender (an "O&M Program") or matters described in Section 6.2, Borrower shall not cause or permit to exist any of the following: (a) The presence, use, generation, release, treatment, processing, storage (including storage in above ground and underground storage tanks), handling, or disposal disposal-of any Hazardous Materials in, on or under the Land or any Improvements, in violation of applicable Hazardous Materials Laws; (b) The transportation of any Hazardous Materials to, from, or across the Land in violation of Hazardous Materials Lawsor the Improvements; (c) Any occurrence or condition on the Land or in the ImprovementsImprovements or any other property of Borrower that is adjacent to the Land, which occurrence or condition is or may be in violation of Hazardous Materials Laws;; or (d) Any violation of or noncompliance with the terms of any Environmental Permit with respect to the Land or Land, the Improvements; or (e) Any Lien (whether or not such Lien has priority over the Lien created by the Mortgage) upon the Land Improvements or any Improvements imposed pursuant property of Borrower that is adjacent to any Hazardous Materials Lawsthe Land. The matters described in clauses (a) through (ed) above are referred to collectively in this Article VI as "Prohibited Activities and Conditions" and individually as a "Prohibited Activity and Condition."

Appears in 1 contract

Samples: Loan Agreement (Alterra Healthcare Corp)

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