Common use of Action under Environmental Laws Clause in Contracts

Action under Environmental Laws. It will, and will cause each of its Subsidiaries to, upon a Responsible Officer becoming aware of the release of any Hazardous Materials in violation of any applicable Environmental Laws or the existence of any environmental liability under applicable Environmental Laws with respect to their respective businesses, operations or properties, take all actions, at their cost and expense, as shall be required by applicable Law to investigate and clean up the condition of their respective businesses, operations or properties, including all required removal, containment and remedial actions, and restore their respective businesses, operations or properties to a condition, except where failure to do so would not reasonably be expected to have a Material Adverse Effect; provided, however, that neither an Obligor nor any Subsidiary shall be required to undertake any such investigation, clean up, removal, containment, remediation or other corrective action required by Environmental Laws to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 4 contracts

Samples: Credit Agreement (GeneDx Holdings Corp.), Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc)

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Action under Environmental Laws. It willBorrower shall, and will shall cause each of its Subsidiaries to, upon a Responsible Officer becoming aware of the release presence of any Hazardous Materials in violation of any applicable Environmental Laws or the existence of any environmental liability under applicable Environmental Laws with respect to their respective businesses, operations or properties, take all actions, at their cost and expense, as shall be required by applicable Law necessary or advisable to investigate and clean up the condition of their respective businesses, operations or properties, including all required removal, containment and remedial actions, and restore their respective businesses, operations or properties to a conditioncondition in compliance with applicable Environmental Laws, except where failure to do so would the extent nonaction could not reasonably be expected to have a Material Adverse Effect; and provided, however, that neither an Obligor Borrower nor any Subsidiary of its Subsidiaries shall be required to undertake any such investigation, clean up, removal, containment, remediation remedial or other corrective action required by Environmental Laws to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances circumstance in accordance with GAAP.

Appears in 2 contracts

Samples: Loan Agreement (Tandem Diabetes Care Inc), Loan Agreement (Tandem Diabetes Care Inc)

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Action under Environmental Laws. It will, and will cause each of its Material Subsidiaries to, upon a Responsible Officer becoming aware of the release of any Hazardous Materials in violation of any applicable Environmental Laws or the existence of any environmental liability under applicable Environmental Laws with respect to their respective businesses, operations or properties, take all actions, at their cost and expense, as shall be required by applicable Environmental Law to investigate and clean up the condition of their respective businesses, operations or properties, including all required removal, containment and remedial actions, and restore their respective businesses, business operations or properties to a conditioncondition that is required by applicable Environmental Law, except where failure to do so would not reasonably be expected to have a Material Adverse Effect; provided, however, that neither an Obligor nor any Material Subsidiary shall be required #98195096v26 to undertake any such investigation, clean up, removal, containment, remediation or other corrective action required by Environmental Laws to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAPIFRS.

Appears in 1 contract

Samples: Credit Agreement (SOPHiA GENETICS SA)

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