Common use of Representations and Warranties on Environmental Matters Clause in Contracts

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to Borrower’s knowledge, except as set forth in the Site Assessment, (1) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws), (2) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do not, and did not previously, violate any Environmental Laws, (3) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any Liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws and (4) no underground storage tanks exist at the Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to To Borrower’s 's knowledge, except as set forth in the Site Assessment, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws)) and no Hazardous Material was removed or transported from the Project, (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do does not, and did not previously, violate any Environmental Laws, (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws Laws; and (4d) no underground storage tanks exist at on any part of the Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to To Borrower’s 's knowledge, except as set forth in the Site AssessmentAssessment delivered in connection with the origination of the Loan, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project any Individual Property or any property adjacent to the Project any Individual Property (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business an Individual Property in full compliance with Environmental Laws)) and no Hazardous Material was removed or transported from any Individual Property, (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do any Individual Property does not, and did not previously, violate any Environmental Laws, (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project any Individual Property concerning Hazardous Materials or Environmental Laws Laws; and (4d) no underground storage tanks exist at the Projecton any part of any Individual Property.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to the Administrative Agent and the Lenders that, to Borrower’s knowledge, except as set forth in the Site AssessmentAssessment or otherwise in conformance with all applicable laws, including Environmental Laws, (1) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws), (2) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do not, and did not previously, violate any Environmental Laws, (3) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatenedthreatened in writing, nor have any settlements been reached by or with any parties or any Liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws and (4) no underground storage tanks exist at the Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to To Borrower’s knowledge, except as set forth in the Site Assessment, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws)) and no Hazardous Material was removed or transported from the Project, (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do does not, and did not previously, violate any Environmental Laws, (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatenedthreatened with respect to the Project, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws Laws; and (4d) no underground storage tanks exist at on any part of the Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to To Borrower’s knowledge, except as set forth in the Site Assessment, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws)) and no Hazardous Material was removed or transported from the Project, (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do does not, and did not previously, violate any Environmental Laws, (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or or, to Borrower’s knowledge, been threatened, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws Laws; and (4d) to Borrower’s knowledge, no underground storage tanks exist at on any part of the Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to To Borrower’s 's knowledge, except as set forth in the Site Assessment, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws)) and no Hazardous Material was removed or transported from the Project, (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do does not, and did not previously, violate any LOAN AGREEMENT Page 15 Equity Inns- ____________ Loan No. ________________ Environmental Laws, (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws Laws; and (4d) no underground storage tanks exist at on any part of the Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to To Borrower’s knowledgeknowledge without additional inquiry, except as set forth in the Site AssessmentAssessment or as disclosed in the Indemnity Agreement or as otherwise would not reasonably be expected to have a Material Adverse Effect, (1) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project in violation of Environmental Laws (except for cleaning and other products currently used in connection with the operation, routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws), (2) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do does not, and did not previously, violate any such requirements under Environmental Laws, and (3) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatenedthreatened in writing, nor have any settlements been reached by or with any parties or any Liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws and (4) no underground storage tanks exist at the ProjectLaws.

Representations and Warranties on Environmental Matters. To the knowledge of Borrower represents and warrants to Administrative Agent and the Lenders that, to Borrower’s knowledgeOperating Lessee, except as set forth in the Site Assessment, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the any Project or any property adjacent to the a Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws), (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project Projects do not, and did not previously, violate any Environmental Laws, and (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the any Project concerning Hazardous Materials or Environmental Laws and (4) no underground storage tanks exist at the ProjectLaws.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to Borrower’s knowledge, except as set forth in the Site AssessmentAssessments, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project any Property or any property adjacent to the Project any Property (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business Portfolio in full compliance with Environmental Laws), so as to have a Material Adverse Effect, (2b) all material permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do each Property does not, and did not previously, violate any Environmental Laws, (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project any Property concerning Hazardous Materials or Environmental Laws Laws, and (4d) no underground storage tanks exist at the ProjectProperties.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to To each Borrower’s knowledge, except as set forth in the Site AssessmentAssessments, (1) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the any Project or any property adjacent to the any Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the such Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws)) and no Hazardous Materials were removed or transported from any Project, (2) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the each Project do does not, and did not previously, violate any Environmental Laws, (3) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws Laws, and (4) no underground storage tanks exist at the on any part of any Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to To Borrower’s actual knowledge, without independent investigation or inquiry other than and except as set forth in the Site AssessmentPhase I environmental report dated June 8, 2005, prepared by Hygienetics Environmental Services, Inc., (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws)) and no Hazardous Material was removed or transported from the Project, (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do not, and did not previously, violate any Environmental Laws, (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatenedthreatened in writing, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws Laws; and (4d) no underground storage tanks exist at on any part of the Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Administrative Agent and the Lenders that, to (1) To Borrower’s 's knowledge, except as set forth in the Site Assessment, (1a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Project or any property adjacent to the Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project and de minimus quantities used by tenants in the normal course of business in full compliance with Environmental Laws), (2b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Project do not, and did not previously, violate any Environmental Laws, and (3c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened, nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project concerning Hazardous Materials or Environmental Laws, nor have any written notices concerning Hazardous Materials or Environmental Laws and (4) no underground storage tanks exist at been received from any person or entity in connection with any assets or activities of Borrower including, without limitation, the Project.