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

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Lender 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, 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 the generation of a small amount of lead by Fujitsu Ten Corp. of America as disclosed in Section 58 of 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 Lender that, to To Borrower's ’s knowledge, except as set forth in the Site AssessmentAssessments obtained by Lender in connection with the Loan closing (copies of which have been provided to Borrower), (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 any Project (except for cleaning and other products currently used in connection with the routine maintenance or repair of the Project, and the generation of a small amount of lead by Fujitsu Ten Corp. of America as disclosed in Section 58 of its lease with Borrower, in each case Projects in full compliance with Environmental Laws)) and no Hazardous Material was removed or transported from any Project, (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, (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 Laws; and (4d) no underground storage tanks exist at the on any part of any Project.

Representations and Warranties on Environmental Matters. Borrower represents and warrants to Lender that, to To Borrower'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 ProjectProperty or the operation thereof as a hotel in material compliance with Environmental Laws) and no Hazardous Material was removed or transported from the Property, and the generation of a small amount of lead by Fujitsu Ten Corp. of America as disclosed in Section 58 of its lease with Borrower, in each case 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 Lender Administrative Agent and 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 the generation of a small amount of lead by Fujitsu Ten Corp. of America as disclosed in Section 58 of its lease with Borrower, in each case 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.