Material Environmental Claim definition

Material Environmental Claim means any Environmental Claim, regardless of merit, which does or can reasonably be expected to (i) result in the Borrower or any of its Subsidiaries expending in the aggregate an amount in excess of $10,000,000 to defend against, settle or satisfy, or (ii) prevent or enjoin the Borrower or any of its Subsidiaries from operating a Health Care Facility on any property on which it conducts operations.
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Material Environmental Claim and “Material Environmental Claims” shall each have the meaning specified in Section 6.14(b)(vi).
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Material Environmental Claim means any Environmental Claim which, if successful, would be likely to have a Material Adverse Effect;
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Examples of Material Environmental Claim in a sentence

  • Except as set forth in Schedule 4.01(r), and except in respect of matters that, in the aggregate, are not and cannot reasonably be expected to result in a Material Environmental Claim or a Material Adverse Change, the operations of the Borrower and its Subsidiaries comply and have complied in all material respects with all applicable Environmental Laws.

  • Conduct its operations and keep and maintain its property in compliance in all material respects with all applicable Environmental Laws and Environmental Permits; and prepare at the Borrower's sole cost and expense and deliver to the Agent and the Lenders such updates as the Agent or the Requisite Lenders may reasonably request relating to any Material Environmental Claim.

  • The Company has not received notice of any Material Environmental Claim, nor, to the Knowledge of the Company, is the Company or any of its Subsidiaries subject to any Material Environmental Claim.

  • Except as set forth on Schedule 4.1(p), and except in respect of matters that, in the aggregate, are not and cannot reasonably be expected to result in a Material Environmental Claim or a Material Adverse Change, the operations of Borrower and its Subsidiaries comply and, to the knowledge of Borrower, have complied in all material respects with all applicable Environmental Laws.

  • Except as otherwise required by the Bankruptcy Code or by a Final Order of the Bankruptcy Court, conduct its operations and keep and maintain its property in compliance in all material respects with all applicable Environmental Laws and Environmental Permits; and prepare at the Borrower's sole cost and expense and deliver to the Agent and the Lenders such updates as the Agent or the Requisite Lenders may reasonably request relating to any Material Environmental Claim.

  • Company shall promptly undertake, and shall cause each of its Restricted Subsidiaries promptly to undertake, any and all investigations, studies, sampling, testing, abatement, cleanup, removal, remediation or other response actions necessary to remove, remediate, clean up or abatx xxx Hazardous Materials Activity on, under or about any Facility that is in violation of any Environmental Laws or that presents a risk of giving rise to a Material Environmental Claim.

  • In addition, Lessee shall provide to Lessor, within thirty (30) days of receipt, copies of all material written communications with any Authority relating to any Material Environmental Claim.

  • Except as set forth in Schedule 4.1(p), and except in respect of matters that, in the aggregate, are not and cannot reasonably be expected to result in a Material Environmental Claim or a Material Adverse Change, the operations of the Borrower and its Subsidiaries comply and, to the knowledge of the Borrower, have complied in all material respects with all applicable Environmental Laws.

  • Except as set forth on Schedule 4.1(p), as it may from time to time be amended by Borrower, no Material Environmental Claim is pending or, to the knowledge of Borrower, overtly threatened against Borrower or any of its Subsidiaries or any of their past or present property or assets.

  • Fail to comply in all ---------------------------------- material respects with all applicable Environmental Laws and Environmental Permits; fail to obtain all material applicable Environmental Permits necessary for its operations; or permit to exist any conditions or circumstances which could reasonably be expected to give rise to any Material Environmental Claim arising from the operations of Borrower or its Subsidiaries.


More Definitions of Material Environmental Claim

Material Environmental Claim means one or more Environmental Claims ---------------------------- which, regardless of merit, may cause Borrower or any Subsidiary of Borrower to expend in the aggregate an amount in excess of $1,000,000 to defend against, settle and/or satisfy.
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Material Environmental Claim means any Environmental Claim or aggregation of Environmental Claims which could result in Remediation, the cost of which would exceed $1,000,000, or which could result in the payment by BECL, BPI, BPLP or any BECL Subsidiary of more than $1,000,000 to a Person in respect of a Third Party Claim, or which could result in Remediation required by a Governmental Authority. With respect to the Xxxxx Nuclear Power Facility and the ownership, operation, maintenance or rehabilitation thereof by OPG, up to and including the Lease Closing Date, and by BPLP thereafter until the Effective Time, except as described in the Disclosure Letter:
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Material Environmental Claim any Environmental Claim which, if successful, would be likely to have a Material Adverse Effect.
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Related to Material Environmental Claim

  • Environmental Claim means any investigation, notice, notice of violation, claim, action, suit, proceeding, demand, abatement order or other order or directive (conditional or otherwise), by any Governmental Authority or any other Person, arising (i) pursuant to or in connection with any actual or alleged violation of any Environmental Law; (ii) in connection with any Hazardous Material or any actual or alleged Hazardous Materials Activity; or (iii) in connection with any actual or alleged damage, injury, threat or harm to health, safety, natural resources or the environment.

  • Material Environmental Liabilities means Environmental Liabilities exceeding $500,000 in the aggregate.

  • Environmental Claims means all claims, however asserted, by any Governmental Authority or other Person alleging potential liability or responsibility for violation of any Environmental Law, or for release or injury to the environment.

  • Material Environmental Amount an amount payable by the Borrower and/or its Subsidiaries in excess of $5,000,000 for remedial costs, compliance costs, compensatory damages, punitive damages, fines, penalties or any combination thereof.

  • Environmental Action means any action, suit, demand, demand letter, claim, notice of non-compliance or violation, notice of liability or potential liability, investigation, proceeding, consent order or consent agreement relating in any way to any Environmental Law, Environmental Permit or Hazardous Materials or arising from alleged injury or threat of injury to health, safety or the environment, including, without limitation, (a) by any governmental or regulatory authority for enforcement, cleanup, removal, response, remedial or other actions or damages and (b) by any governmental or regulatory authority or any third party for damages, contribution, indemnification, cost recovery, compensation or injunctive relief.

  • Environmental Clean-up Site means any location which is listed or proposed for listing on the National Priorities List, the Comprehensive Environmental Response, Compensation and Liability Information System, or on any similar state list of sites relating to investigation or cleanup, or which is the subject of any pending or threatened action, suit, proceeding, or investigation related to or arising from any location at which there has been a Release or threatened or suspected Release of a Hazardous Material.

  • Environmental Permit means any permit, approval, identification number, license or other authorization required under any Environmental Law.

  • Environmental Liabilities means all liabilities, monetary obligations, losses, damages, costs and expenses (including all reasonable fees, disbursements and expenses of counsel, experts, or consultants, and costs of investigation and feasibility studies), fines, penalties, sanctions, and interest incurred as a result of any claim or demand, or Remedial Action required, by any Governmental Authority or any third party, and which relate to any Environmental Action.

  • Adverse Environmental Condition shall refer to (i) the existence or the continuation of the existence, of an Environmental Emission (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Emission), of, or exposure to, any substance, chemical, material, pollutant, Contaminant, odor or audible noise or other release or emission in, into or onto the environment (including, without limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment or (iii) the violation, or alleged violation of any statutes, ordinances, orders, rules regulations, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any Equipment.

  • Material of Environmental Concern means and includes pollutants, --------------------------------- contaminants, hazardous wastes, and toxic, radioactive, caustic or otherwise hazardous substances, including petroleum, its derivatives, by-products and other hydrocarbons, or any substance having any constituent elements displaying any of the foregoing characteristics.

  • Covered Environmental Losses means all environmental losses, damages, liabilities, claims, demands, causes of action, judgments, settlements, fines, penalties, costs and expenses (including, without limitation, costs and expenses of any Environmental Activity, court costs and reasonable attorney’s and experts’ fees) of any and every kind or character, by reason of or arising out of:

  • Environmental Actions means any complaint, summons, citation, notice, directive, order, claim, litigation, investigation, judicial or administrative proceeding, judgment, letter, or other communication from any Governmental Authority, or any third party involving violations of Environmental Laws or releases of Hazardous Materials from (a) any assets, properties, or businesses of any Borrower or any predecessor in interest, (b) from adjoining properties or businesses, or (c) from or onto any facilities which received Hazardous Materials generated by any Borrower or any predecessor in interest.

  • Environmental Loss means any loss, cost, damage, liability, deficiency, fine, penalty or expense (including, without limitation, reasonable attorneys' fees, engineering and other professional or expert fees), investigation, removal, cleanup and remedial costs (voluntarily or involuntarily incurred) and damages to, loss of the use of or decrease in value of the Equipment arising out of or related to any Adverse Environmental Condition.

  • Environmental Proceedings means any judicial or administrative proceedings arising from or in any way associated with any Environmental Requirement.

  • Excluded Environmental Liabilities means any and all Environmental Liabilities whether arising before, at or after the Effective Time, to the extent relating to, resulting from, or arising out of the past, present or future operation, conduct or actions of Xxxxxxx Retained Business.

  • Environmental Affiliate means any agent or employee of any Borrower or any other Relevant Party or any person having a contractual relationship with any Borrower or any other Relevant Party in connection with any Relevant Ship or its operation or the carriage of cargo and/or passengers thereon and/or the provision of goods and/or services on or from any Relevant Ship;

  • Lender’s Environmental Liability means any and all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements or expenses of any kind or nature whatsoever (including reasonable attorneys’ fees at trial and appellate levels and experts’ fees and disbursements and expenses incurred in investigating, defending against or prosecuting any litigation, claim or proceeding) which may at any time be imposed upon, incurred by or asserted or awarded against the Administrative Agent, any Lender or any Issuer or any of such Person’s Affiliates, shareholders, directors, officers, employees, and agents in connection with or arising from:

  • Environmental Lien means any Lien in favor of any Governmental Authority for Environmental Liabilities and Costs.

  • Environmental Law means any federal, state, local or foreign statute, law, ordinance, rule, regulation, code, order, judgment, decree or judicial or agency interpretation, policy or guidance relating to pollution or protection of the environment, health, safety or natural resources, including, without limitation, those relating to the use, handling, transportation, treatment, storage, disposal, release or discharge of Hazardous Materials.

  • Environmental Liability means any liability, contingent or otherwise (including any liability for damages, costs of environmental remediation, fines, penalties or indemnities), of the Borrower or any Subsidiary directly or indirectly resulting from or based upon (a) violation of any Environmental Law, (b) the generation, use, handling, transportation, storage, treatment or disposal of any Hazardous Materials, (c) exposure to any Hazardous Materials, (d) the release or threatened release of any Hazardous Materials into the environment or (e) any contract, agreement or other consensual arrangement pursuant to which liability is assumed or imposed with respect to any of the foregoing.

  • Environmental Complaint shall have the meaning set forth in Section 4.19(d) hereof.

  • Assumed Environmental Liabilities has the meaning specified in Section 7.4.

  • Environmental Event shall have the meaning set forth in Section 12.2.1.

  • Retained Environmental Liabilities means all Environmental Liabilities of Seller or its Affiliates arising out of or relating to operations or activities that are not primarily related to the Business, whether arising or related to the period before or after Closing.

  • Environmental Notice means any written directive, notice of violation or infraction, or notice respecting any Environmental Claim relating to actual or alleged non-compliance with any Environmental Law or any term or condition of any Environmental Permit.

  • Insured Environmental Event As defined in Section 3.07(d).