Common use of Response Actions Clause in Contracts

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Real Estate Asset owned directly or indirectly by the Borrower or BPI, in material violation of applicable Environmental Laws, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless such non-compliance would constitute a Non-Material Breach.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Real Estate Asset owned directly or indirectly by the Borrower or BPIthe Trust, in material violation of applicable Environmental Laws, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless such non-compliance would constitute a Non-Material BreachLaws or to preserve the value of any applicable Eligible Unencumbered Property.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Real Estate Asset owned directly or indirectly by the Borrower Borrower, any of the Subsidiary Guarantors or BPIthe Trust, in material violation of applicable Environmental Laws, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless such non-compliance would constitute a Non-Material BreachLaws or to preserve the value of any applicable Eligible Borrowing Base Property.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances Materials shall occur or shall have occurred on on, upon, into or from any Mortgaged Property, or on, upon, into or from any other Real Estate Asset owned directly or indirectly by if the Borrower or BPI, in material violation of applicable Environmental Lawssame would have a Material Adverse Effect, the Borrower will cause the prompt containment and removal of such Hazardous Substances Materials and remediation of such wholly-owned Mortgaged Property or Real Estate Asset as necessary to comply in all material respects with all applicable Environmental Laws, unless Laws or to preserve the value of such non-compliance would constitute a Non-Material BreachMortgaged Property.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any wholly-owned Real Estate Asset owned directly or indirectly by the Borrower or BPI, in material violation of applicable Environmental LawsAsset, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless Laws or to preserve the value of such nonwholly-compliance would constitute a Non-Material Breachowned Real Estate Asset.

Response Actions. The Borrower covenants and agrees that ---------------- if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Real Estate Asset owned directly or indirectly by the Borrower or BPIthe Guarantor, in material violation of applicable Environmental Laws, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless such non-compliance would constitute a Non-Material Breach.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Real Estate Asset owned directly or indirectly by the Borrower or BPI, in material violation of applicable Environmental Laws, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless such non-compliance would constitute a Non-Material Breach.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Unencumbered Property or any other Real Estate Asset owned directly or indirectly by if the Borrower or BPI, in material violation of applicable Environmental Lawssame would have a Material Adverse Effect, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Unencumbered Property or Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless Laws or to preserve the value of such non-compliance would constitute Unencumbered Property or Real Estate to the extent necessary to avoid a Non-Material BreachAdverse Effect.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Real Estate Asset owned directly or indirectly by the Borrower or BPIthe Trust, in material violation of applicable Environmental Laws, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless such non-compliance would constitute a Non-Material BreachLaws or to preserve the value of any applicable Eligible Unencumbered Property.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Real Estate Asset owned directly or indirectly by the Borrower or BPIthe Trust, in material violation of applicable Environmental Laws, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless such non-compliance would constitute a Non-Material BreachLaws or to preserve the value of any applicable Collateral Property.

Response Actions. The Borrower covenants and agrees that if any Release or disposal of Hazardous Substances shall occur or shall have occurred on any Mortgaged Property or any other Real Estate Asset owned directly or indirectly by if the Borrower or BPI, in material violation of applicable Environmental Lawssame would have a Material Adverse Effect, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Mortgaged Property or Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless Laws or to preserve the value of such non-compliance would constitute Mortgaged Property or Real Estate to the extent necessary to avoid a Non-Material BreachAdverse Effect. 7.17.

Response Actions. The Borrower covenants and agrees that if any ---------------- Release or disposal of Hazardous Substances shall occur or shall have occurred on any wholly-owned Real Estate Asset owned directly or indirectly by the Borrower or BPI, in material violation of applicable Environmental LawsAsset, the Borrower will cause the prompt containment and removal of such Hazardous Substances and remediation of such wholly-owned Real Estate Asset as necessary to comply in all material respects with all Environmental Laws, unless Laws or to preserve the value of such nonwholly-compliance would constitute a Non-Material Breachowned Real Estate Asset.