Reports of the Environmental Consultant Sample Clauses

Reports of the Environmental Consultant. Delivery to Administrative Agent on behalf of the Banks of (a) Borrower's Environmental Consultant's Phase I reports with 42 57 respect to such Subsequent Project, along with the corresponding reliance letters from such Environmental Consultant, confirming that no Hazardous Substances were found in, on or under the Site of such Subsequent Project or (b) if Hazardous Substances were found in, on or under such real property pursuant to such Phase I environmental report, or such report otherwise indicates that a Phase II environmental review is warranted, (i) a Phase II environmental report with respect to such real property along with a corresponding reliance letter from Environmental Consultant, confirming in form and substance satisfactory to Administrative Agent, either (A) that no Hazardous Substances were found in, on or under such real property or (B) matters otherwise satisfactory to the Technical Committee or (ii) an environmental indemnity agreement in form and substance satisfactory to the Technical Committee pursuant to which an indemnitor satisfactory to Administrative Agent indemnifies the Portfolio Entities and the Banks from any and all damages or other liabilities relating to or arising from Hazardous Substances then in, on or under such real property or otherwise caused by or attributable to such indemnitor.
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Reports of the Environmental Consultant. Delivery to Administrative Agent of (a) the Environmental Consultant's Phase I report(s) with respect to the Subject Project in form and substance reasonably satisfactory to the Majority Banks, together with a corresponding reliance letter from the Environmental Consultant (which letter shall be in form and substance reasonably satisfactory to Administrative Agent), confirming that no evidence was found of a Release at the Subject Project (including the Site thereof), or (b) if evidence was found of a Release at the Subject Project (including the Site thereof) pursuant to such Phase I environmental report(s) or such report(s) otherwise recommend a Phase II environmental review, (i) a Phase II environmental report with respect to the Subject Project (including the Site thereof) in form and substance reasonably satisfactory to the Majority Banks, together with a corresponding reliance letter from the Environmental Consultant (which letter shall be in form and substance reasonably satisfactory to Administrative Agent), confirming (to the reasonable satisfaction of Administrative Agent in the case of clause (A), and to the reasonable satisfaction of the Majority Banks in the case of clause (B)), either (A) that no Release has occurred at the Subject Project (including the Site thereof), or (B) if a Release has occurred at the Subject Project (including the Site thereof), that such Release either does not trigger any reporting or remediation obligations or has been remediated to acceptable regulatory levels, or (ii) an environmental indemnity agreement in form and substance reasonably satisfactory to the Majority Banks.
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Reports of the Environmental Consultant. Delivery to Administrative Agent of (a) Borrower's or, to the extent reasonably acceptable to the Technical Committee, the applicable seller's Environmental Consultant's Phase I (or similar) reports with respect to the Acquisition Plant to be acquired pursuant to the relevant Subject Acquisition, together with a corresponding reliance letter from such Environmental Consultant (which letter shall be in form and substance reasonably satisfactory to Administrative Agent), confirming that no evidence was found of Hazardous Substances, on or under the Site of such Acquisition Plant or (b) if evidence was found of Hazardous Substances in, on or under such real property pursuant to such Phase I environmental report or such report otherwise indicates that a Phase II (or similar) environmental review is warranted, (i) a Phase II (or similar) environmental report with respect to such real property, together with a corresponding reliance letter from such Environmental Consultant (which letter shall be in form and substance reasonably satisfactory to Administrative Agent), confirming, either (A) to the reasonable satisfaction of Administrative Agent, that no Hazardous Substances were found in, on or under such real property or (B) to the reasonable satisfaction of the Technical Committee, matters otherwise identified by the Technical Committee or (ii) an environmental indemnity agreement, in form and substance satisfactory to the Technical Committee, pursuant to which, among other things, an indemnitor satisfactory to Administrative Agent indemnifies the Portfolio Entities and Banks from any and all claims, losses, diminution in value in such real property, damages or other liabilities relating to or arising from Hazardous Substances then in, on or under such real property or otherwise caused by or attributable to such indemnitor.
Sample 1
Reports of the Environmental Consultant. Delivery to the Lead Arrangers of Borrower's Environmental Consultant's Phase I reports with respect to each Initial Project and, if a Phase II environmental review is warranted by any of such Phase I reports, delivery to the Lead Arrangers of Phase II report(s), in each case, along with the corresponding reliance
Sample 1
Reports of the Environmental Consultant. Delivery to Administrative Agent on behalf of the Banks of Borrower's Environmental Consultant's Phase I reports with respect to such Subsequent Project and, if a Phase II environmental review is warranted by any of such Phase I reports, as reasonably determined by the Technical Committee, delivery to Administrative Agent on behalf of the Banks of a Phase II report, in each case, along with the corresponding reliance letters from such Environmental Consultant, in form and substance satisfactory to the Technical Committee, either (i) confirming that no Hazardous Substances were found in, on or under the Site or Easements of such Subsequent Project or (ii) disclosing matters that are otherwise satisfactory to the Technical Committee.
Sample 1

Related to Reports of the Environmental Consultant

  • Environmental Audits and Reports As soon as practicable following receipt thereof, copies of all final environmental audits, investigations, analyses and reports of any kind or character, whether prepared by personnel of Holdings or any of its Subsidiaries or by independent consultants, Government Authorities or any other Persons, with respect to significant environmental matters at any Facility that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect or with respect to any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

  • Environmental Compliance and Reports Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower’s part or on the part of any third party, on property owned and/or occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower’s part in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests.

  • Environmental Audits There are no environmental audits, evaluations, assessments, studies or tests relating to the Corporation except for ongoing assessments conducted by or on behalf of the Corporation in the ordinary course.

  • Responsibility for Environmental Contamination 5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law. 5.20.2 In the event any suspect materials within Qwest-owned, operated or leased facilities are identified to be asbestos containing, CLEC will ensure that to the extent any activities which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in accordance with applicable local, state and federal environmental and health and safety statutes and regulations. Except for abatement activities undertaken by CLEC or equipment placement activities that result in the generation of asbestos-containing material, CLEC does not have any responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection with, any asbestos-containing material. Qwest agrees to immediately notify CLEC if Qwest undertakes any asbestos control or asbestos abatement activities that potentially could affect CLEC personnel, equipment or operations, including, but not limited to, contamination of equipment.

  • Compliance with Environmental Laws; Environmental Reports (a) Comply and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned or operated by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and property and obtain and renew all material Environmental Permits applicable to its operations and property and conduct any Response in accordance with Environmental Laws; provided, however, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP. (b) If a Default caused by reason of a breach of Section 3.17 or Section 5.09(a) shall have occurred and be continuing for more than 20 Business Days without the Companies commencing activities reasonably likely to cure such Default, at the written request of the Required Lenders through the Administrative Agent, provide to the Lenders within 45 days after such request, at the expense of Borrower, an environmental site assessment report regarding the matters which are the subject of such default, including where appropriate, any soil and/or groundwater sampling, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative Agent and indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance or Response to address them in connection with such Default.

  • O.S.H.A. and Environmental Compliance (a) Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, each Borrower has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws. (i) There are no visible signs of material releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property including any premises leased by any Borrower; (ii) to the best knowledge of Borrowers, there are no underground storage tanks or polychlorinated biphenyls on the Real Property including any premises leased by any Borrower, (iii) to the best knowledge of Borrowers, the Real Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) to the best knowledge of Borrowers, no Hazardous Substances are present on the Real Property including any premises leased by any Borrower, excepting such quantities as are handled in accordance with all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Borrower or of its tenants.

  • 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.

  • Environmental Reports and Audits As soon as practicable following receipt thereof, copies of all environmental audits and reports with respect to environmental matters at any Facility or which relate to any environmental liabilities of Holdings or its Subsidiaries which, in any such case, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect;

  • Environmental Considerations A. Company, its officers, agents, servants, employees, invitees, independent contractors, successors, and assigns will not discharge or spill any Hazardous Substance, as defined herein, into any component of the storm drainage system or onto any paved or unpaved area within the boundaries of the Premises. In addition, Company will not discharge or spill any Hazardous Substance into any component of the sanitary sewer system without first neutralizing or treating same as required by applicable anti-pollution laws or ordinances, in a manner satisfactory to Authority and other public bodies, federal, state, or local, having jurisdiction over or responsibility for the prevention of pollution of canals, streams, rivers, and other bodies of water. Company’s discharge, spill or introduction of any Hazardous Substance onto the Premises or into any component of Authority’s sanitary or storm drainage systems will, if not remedied by Company with all due dispatch, at the sole discretion of Authority, be deemed a default and cause for termination of this Agreement by Authority, subject to notice and cure. Such termination will not relieve Company of or from liability for such discharge or spill. B. If Company is deemed to be a generator of hazardous waste, as defined by federal, state, or local law, Company will obtain a generator identification number from the U. S. Environmental Protection Agency (EPA) and the appropriate generator permit and will comply with all federal, state, and local laws, and any rules and regulations promulgated thereunder, including but not limited to, ensuring that the transportation, storage, handling, and disposal of such hazardous wastes are conducted in full compliance with applicable law. C. Company agrees to provide Authority, within 10 days after Authority’s request, copies of all hazardous waste permit application documentation, permits, monitoring reports, transportation, responses, storage and disposal plans, material safety data sheets and waste disposal manifests prepared or issued in connection with Company’s use of the Premises. D. At the end of the Agreement, Company will dispose of all solid and hazardous wastes and containers in compliance with all applicable regulations. Copies of all waste manifests will be provided to Authority at least 30 days prior to the end of the Agreement.

  • Environmental Reports Lender shall have received an environmental report in respect of the Property, in each case reasonably satisfactory to Lender.

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