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 Lender that, to Borrower’s '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 Project, and de minimus quantities used the generation of a small amount of lead by tenants Fujitsu Ten Corp. of America as disclosed in the normal course Section 58 of business its lease with Borrower, in each case 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 the Administrative Agent and the Lenders that, to Borrower’s knowledge, except as set forth in the Site AssessmentAssessment or in the reports previously disclosed to Administrative Agent as described on Schedule 5.2 attached hereto (true, correct and complete copies of which have been provided to the Administrative Agent and the Lenders by Borrower) and the naturally occurring materials listed on Schedule 5.2, (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 ordinary construction materials, cleaning and other products currently used in connection with the construction, improvement or routine operation, 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 actual 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 Property or any property adjacent to the Project Property (except for cleaning and other products currently used in connection with with, and necessary and appropriate for, the routine maintenance or repair of the Project Property or the operation thereof as a hotel in material compliance with Environmental Laws) and de minimus quantities used by tenants in no Hazardous Material was removed or transported from the normal course of business Property, except in full compliance with any 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 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 threatenedthreatened (in writing), nor have any settlements been reached by or with any parties or any Liens liens imposed in connection with the Project Property concerning Hazardous Materials or Environmental Laws Laws; and (4d) no underground storage tanks exist at on any part of the ProjectProperty.

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. Borrower represents and warrants to Administrative Agent and the Lenders that, to Borrower’s '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 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.