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 any of the following: a. The presence, use, generation, release, treatment, processing, storage, handling, or disposal-of any Hazardous Materials in, on or under the Property or any Improvements; b. The transportation of any Hazardous Materials to, from, or across the Property; c. Any occurrence or condition on the Property or in the Improvements or any other property of Borrower that is adjacent to the Property, 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 Property, the Improvements or any property of Borrower that is adjacent to the Property. The matters described in clauses (a) through (d) 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 (Advocat Inc), 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 matters described in Section 6.2, Borrower shall not cause or permit any of the following:
a. The presence, use, generation, release, treatment, processing, storagestorage (including storage in above ground and underground storage tanks), handling, or disposal-of any Hazardous Materials in, on or under the Property or any Improvements;
b. The transportation of any Hazardous Materials to, from, or across the Property;
c. Any occurrence or condition on the Property or in the Improvements or any other property of Borrower that is adjacent to the Property, 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 Property, the Improvements or any property of Borrower that is adjacent to the Property. The matters described in clauses (a) through (d) 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