Common use of Environment Clause in Contracts

Environment. Borrower and Borrower’s Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial condition.

Environment. The Borrower and Borrower’s Subsidiaries each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither the Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesthe premises. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters materially affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither To its knowledge, neither the Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bif) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (iA) the air; (iiB) soils, or any improvements located thereon; (iiiC) service surface water or groundwater; or (ivD) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. The Borrower has duly complied with, and Borrower’s Subsidiaries have their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in material compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances and all rules and regulations promulgated thereunder. The Borrower has been issued and will maintain all material required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code, or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except matters the absence of which could reasonably be expected to the extent the failure to have any such permit, license, certificate or approval would cause a materially adverse effect. The Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities the existence of which could reasonably be expected to cause a materially adverse effect. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesthe premises the existence of which could reasonably be expected to cause a materially adverse effect. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any its business, operations, assets, equipment, property, leaseholds, or other facilities the existence of Borrower’s Subsidiarieswhich could reasonably be expected to cause a materially adverse effect. Neither The Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial condition.

Environment. The Borrower has duly complied with, and Borrower’s Subsidiaries have its businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower has been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters. A true, except to the extent the failure to have any accurate, and complete list of all such permitpermits, licenselicenses, certificate or approval would certificates, and approvals is attached hereto as Schedule 5.1(p). The Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, nor knows of, or has actual knowledge of suspects facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approvalapproval listed in Schedule 5.1(p), there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils; or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrower and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal) which is not shown on Schedule 5.1(p). Set forth in Schedule 5.1(p) is a list of all real property owned or leased by the Borrower and its Subsidiaries, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditionlocation.

Environment. To their knowledge, the Borrower and Borrower’s Subsidiaries each Subsidiary have duly compiled with, and their businesses, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Except where the failure to do so would not result in a material adverse effect to the Borrower or any Subsidiary, the Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither the Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, or has actual knowledge knows of facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, to Borrower's knowledge there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no accordingly, to their knowledge, the premises of Borrower and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There To Borrower's knowledge, there has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower and Borrower’s Subsidiaries the Guarantors have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to service surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries the Guarantors have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service surface water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the Guarantors of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries the Guarantors (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesthe Guarantors. Neither Borrower nor any of Borrower’s Subsidiaries the Guarantors have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.134.12, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition.

Environment. Borrower Each Obligor has duly complied with, and Borrower’s Subsidiaries its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that such violations would not have a material adverse effect upon its business. Each Obligor has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have No Obligor has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities, except to the extent that such violations would not have a material adverse effect upon its business. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of each Obligor is free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower any Obligor or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries have No Obligor has any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. To the best of Borrower's knowledge, the Borrower and Borrower’s each of its Subsidiaries have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all Federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and any Subsidiary have been issued (or have applications pending) and will maintain all required federalFederal, state, and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any Federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither the Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, nor knows of, or has actual knowledge of suspects, facts which might constitute any material violations of any federalFederal, state state, or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approval, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrower and any of its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spillsspills releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Each Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Each Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither No Borrower nor any of Borrower’s Subsidiaries have has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of each Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting each Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. No Borrower has any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. The Borrower and Borrower’s Subsidiaries each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters. A true, except to the extent the failure to have any accurate, and complete list of all such permitpermits, licenselicenses, certificate or approval would not have a material adverse effect on Borrower’s consolidated operationscertificates, business or financial conditionand approvals is attached hereto as Schedule 4.15. Neither the Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, nor knows of, or has actual knowledge of suspects facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approvalapproval listed in Schedule 4.15, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils; or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no [except for inventory of raw materials, supplies, work in progress, and finished goods listed in Schedule 4.15 that is to be used or sold in the ordinary course of business] the premises of the Borrower and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect disposal) which is not shown on Borrower’s consolidated operations, business or financial conditionSchedule 4.15.

Environment. Each Borrower has duly complied with, and Borrower’s Subsidiaries its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except which such non-compliance would have a Material Adverse Effect. Each Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to where non-issuance or non-maintenance of any of the extent the failure to have any such permit, license, certificate or approval foregoing would not note have a material adverse effect Material Adverse Effect. Except as disclosed on Borrower’s consolidated operationsSchedule 2.1(s), business or financial condition. Neither neither Borrower nor any of Borrower’s Subsidiaries have has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the best knowledge of Borrower, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There Except as disclosed on Schedule 2.1(s), there has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower does not have knowledge of any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emissioncleanup or disposal), spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect except as disclosed on Borrower’s consolidated operations, business or financial conditionSchedule 2.1(s) hereto.

Environment. Each Borrower to the best of its knowledge has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder except for incidental incidences of non-compliance of which Borrowers are unaware. Each Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils surface water or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premisesgroundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (6) other environmental, health or safety matters affecting matters. No Borrower has received notice of, or knows of facts which might constitute any violations of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have federal, state or local environmental, health or safety laws, codes or ordinances, and any material indebtedness, obligation rules or liability, absolute or contingent, matured or unmatured, regulations promulgated thereunder with respect to the storageits businesses, treatmentoperations, cleanup or disposal of any solid wasteassets, hazardous wastesequipment, property, leaseholds, or other toxic facilities. Except in accordance with all applicable laws, codes and ordinances and rules and regulations promulgated thereunder, or hazardous substances. For purposes of this subsection 4.13a valid governmental permit, a violationlicense, certificate or approval, there has been no emission, spill, releaserelease or discharge into or upon (1) the air; (2) soils, dischargeor any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, damageseptic system or waste treatment, adverse effectstorage or disposal system servicing the premises, indebtednessof any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, obligation order, directive, claim, citation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation notice to any Borrower by any governmental authority or liability, in any one case person or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial condition.entity

Environment. Borrower The Company and Borrower’s Subsidiaries have each Subsidiary has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Company and each Subsidiary has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower the Company nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, or has actual knowledge knows of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property the property, leaseholds or other premises of Borrower or any of its Subsidiaries the Company, of any toxic or hazardous substances or hazardous wastes at or from such the property, leaseholds or other premises of the Company; and accordingly no property, leaseholds and other premises of the Company and each Subsidiary are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower the Company or any Subsidiary or any of Borrower’s Subsidiariestheir businesses, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower the Company nor any of Borrower’s Subsidiaries have Subsidiary has any material indebtednessIndebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower The Company and Borrower’s it Subsidiaries have been issued duly complied with, and will maintain its businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or health, and safety matterslaws, except to the extent the failure to have any such permitcodes and ordinances, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditionand all rules and regulations promulgated thereunder. Neither Borrower the Company nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, nor knows of, or has actual knowledge of suspects facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approvalapproval listed in Schedule 5.1(p), there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils; or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Company and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting Borrower the Company or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Borrower the Company nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect disposal) which is not shown on Borrower’s consolidated operations, business or financial conditionSchedule 5.1(p).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service water surface or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of or toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, nor to its best knowledge knows of or has actual knowledge of suspects, facts which might constitute any material violations of any federal, state or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its business, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalTo Borrower’s best knowledge, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrower is free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the applicable provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to so comply would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditionits business. Neither Borrower nor any of Borrower’s Subsidiaries have has not received notice of, or has actual knowledge and is not otherwise aware of any facts which constitute material violations of any applicable federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to Borrower's businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except In connection with property owned or leased by Borrower, and except in accordance with a valid governmental permit, license, certificate or approval, there has not been no material (during the period of Borrower's ownership or lease thereof) any emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property the premises. Borrower has been adversely affected, in not received any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity against or respecting Borrower with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower and Borrower’s Subsidiaries NFI have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower and NFI have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries NFI have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to their businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the best knowledge of Borrower and NFI, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from the premises; and, to the best knowledge of Borrower and NFI, accordingly the premises of Borrower and NFI are free of all such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There To the best knowledge of Borrower and NFI, there has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower, NFI or their businesses, operations, assets, equipment, property, leaseholds or other facilities. To the best knowledge of Borrower or any of Borrower’s Subsidiaries. Neither and NFI, neither Borrower nor NFI has any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To Borrower's knowledge, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower Piezo and Borrower’s each of its Subsidiaries have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, the failure of compliance with which would reasonably be anticipated to result in a Material Adverse Effect. Piezo and each of its Subsidiaries have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a) air emissions; (b) discharges to service surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f) other environmental, health or safety matters. A true, except to the extent the failure to have any accurate and complete list of all such permitpermits, licenselicenses, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditioncertificates and approvals is attached hereto as Schedule 5.15. Neither Borrower Piezo nor any of Borrower’s its Subsidiaries have has received notice of, or has actual knowledge knows of facts which constitute any material violations of of, any federal, state or local environmental, health or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalapproval listed in Schedule 5.15, there has been no material emission, spill, release or discharge into or upon (ia) the air; (iib) soils, or any improvements located thereon; (iiic) service surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no except for inventory of raw materials, supplies, work in progress and finished goods listed in Schedule 5.15 that is to be used or sold in the ordinary course of business, the premises of Piezo and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1a) air emissions; (2b) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6f) other environmental, health or safety matters affecting Borrower Piezo, its Subsidiaries or any of Borrower’s Subsidiariestheir respective business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower Piezo nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation or liability shall be deemed material ifwith respect to any current regulation, law or statute regarding such storage, treatment, cleanup or disposal) which is not shown on Schedule 5.15. Set forth in Schedule 5.15 is a list of all real property owned or leased by Piezo and its Subsidiaries at any time since June 30, 1999, wherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditionlocation.

Environment. Borrower Each Borrower, Subsidiary and Guarantor has duly complied in all material respects with, and their respective businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance in all material respects with, the applicable provisions of all applicable federal, state, and local environmental laws, codes and ordinances and all rules and regulations promulgated thereunder (“Environmental Laws”). Each Borrower’s Subsidiaries have , Subsidiary and Guarantor has been issued and will maintain all required federal, state, and local material permits, licenses, certificates certificates, and approvals required by Environmental Laws (collectively “Environmental Permits”) including those relating to (a) air emissions; (b) discharges to service surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any Environmental Law as hazardous wastes(collectively “Hazardous Materials”); or (f) other environmentalenvironmental matters. A true, health accurate, and complete list of all such Environmental Permits is attached hereto as Schedule A to Section 4.15. No Borrower, Subsidiary or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have Guarantor has received written notice of, or has actual knowledge of knows of, facts which might constitute any material violations of any federalEnvironmental Laws with respect to its businesses, state operations, assets, equipment, property, leaseholds, or local environmentalother facilities. To the knowledge of any Borrower, health Subsidiary or safety lawsGuarantor, codes or ordinances or any rules or regulations promulgated thereunder. Except except in accordance with a valid governmental permit, license, certificate an Environmental Permit listed in Schedule A to Section 4.15 or approvalat concentrations that would not violate Environmental Laws, there has been no material emission, spill, release release, or discharge (“Release”) into or upon (ia) the air; (iib) soils, or any improvements located thereon; (iiic) service surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no except for inventory of raw materials, supplies, work in progress and finished goods that is to be used or sold in the ordinary course of business or de minimis amounts of cleaning or office products or materials used in the construction of the buildings, the premises of each Borrower and its Subsidiaries are free of all such property Hazardous Materials. Borrower has been adversely affected, in not received any material respect, by any toxic or hazardous substances or wastes. There has been no written complaint, order, directive, claim, citation citation, or notice of noncompliance by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges Releases to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wastesHazardous Materials; or (6vi) other environmental, health or safety environmental matters affecting Borrower any Borrower, Subsidiary or Guarantor or its business, operations, assets, equipment, property, leaseholds, or other facilities. To the knowledge of any of Borrower’s Subsidiaries. Neither Borrower nor , Subsidiary or Guarantor, no Borrower, Subsidiary or Guarantor has any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, liability with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wasteHazardous Materials which is not shown on Schedule B to Section 4.15. Set forth in Schedule C to Section 4.15 is a list of all real property owned or leased by each Borrower, hazardous wastesSubsidiary or Guarantor, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material ifwherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial condition.location. Section 4.16

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, ----------- operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower is free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower and Borrower’s 's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s 's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s 's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s 's Subsidiaries. Neither Borrower nor any of Borrower’s 's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13Section 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case alone or in the aggregate, would have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition.

Environment. Borrower and Borrower’s Subsidiaries have been issued and will maintain all required federalExcept as set forth in Schedule 3.21, state, and local permits, licenses, certificates and approvals relating to (a) emissionsno Hazardous Material (as defined below) is located on, at, in, under or about any real property, including any buildings, structures, fixtures, improvements, interests, privileges, easements and appurtenances related thereto which are leased or operated by Seller ("Premises") in a manner which violates any Environmental Requirement (as defined below), or for which clean-up or corrective action of any kind could be required or is otherwise authorized under any Environmental Requirement; (b) discharges no risk to service water human health or groundwaterthe environment exists as a result of any Hazardous Material previously or currently located on, at, in, under or about the Premises; (c) noise emissionsno releasing, emitting, discharging, leaching, dumping, disposing of any Hazardous Material from the Premises onto or into any other property or from any other property onto or into the Premises has occurred or is occurring in violation of any Environmental Requirement, or for which clean-up or corrective action of any kind could be required or is otherwise authorized under any Environmental Requirement, or which could pose a risk to human health or the environment; (d) solid Seller has not received any notice of violation, lien, complaint, suit, order or liquid waste disposalother notice with respect to the environmental condition of the Premises or regarding the disposal or release of Hazardous Materials from the Premises onto any other property; (e) Seller does not currently operate, nor in the usepast has owned or operated, generation, storage, transportation any property that is on the "National Priorities List" or disposal the CERCLA list of toxic or hazardous substances or hazardous wastes; or the U.S. Environmental Protection Agency (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of"EPN'), or has actual knowledge of any material violations similar state list, or is the subject of any federal, state or local environmental, health or safety laws, codes or ordinances investigation evaluating whether any remedial action is needed to respond to a release of any Hazardous Material into the environment; (f) Seller or any rules of its predecessors has not filed or regulations promulgated thereunder. Except in accordance with a valid governmental permitotherwise provided any notice under any federal, license, certificate state or approval, there has been no material emission, spill, release local law indicating past or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste present treatment, storage or disposal system servicing any property of Borrower a Hazardous Material into the environment; (g) Seller has no contingent liability in connection with the generation, treatment, storage, disposal or any of its Subsidiaries release of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissionsHazardous Material into the environment; (2h) spills, releases none of the operations of Seller involves or discharges to soils or improvements located thereon, surface water, groundwater or has ever involved the sewer, septic system or waste treatment, storage or disposal system servicing the premisesof a Hazardous Material; (3i) noise emissionsSeller, nor, to Seller's knowledge, any lessee, prior owner or other person, has not disposed of or arranged for the disposal of any Hazardous Material on any premises which are currently or have in the past been leased or operated by Seller; 0) Seller has not disposed of, or arranged for the disposal of, any Hazardous Material on any premises not owned by Seller that is on EPA's National Priorities List or the CERCLA list or any similar state list, or which is or reasonably could be the subject of any clean-up action by a federal or state agency, or by a third party who could seek reimbursement of clean-up expenses from Seller under federal or state law; (4k) solid to Seller's knowledge, no underground storage tanks or liquid waste disposalsurface impoundments are on any Premises; (51) useto Seller's knowledge, generationno information exists indicating that any person (including past or present employees) may have his health impaired as a result of exposure to any Hazardous Materials located on, storageat, transportation in, under or disposal of toxic or hazardous substances or hazardous wastesabout the Premises; or and (6m) other environmentalto Seller's knowledge, health or safety matters affecting Borrower or any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturedSeller and all third parties, with respect to any conduct of such parties that might result in liability to Seller, are currently and have at all times in the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substancespast been in full compliance with all applicable Environmental Requirements. For purposes the purpose of this subsection 4.13Agreement, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability the following terms shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in have the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial condition.following meanings:

Environment. Borrower and Borrower’s 's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s 's and its Subsidiaries' consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s 's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s 's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial condition.of

Environment. The Borrower and each Subsidiary and each Guarantor have duly compiled with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances and all rules and regulations promulgated thereunder, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower’s , the Subsidiaries and the Guarantors taken as a whole. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals approvals, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole, relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code, or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither the Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrower and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes; except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any its business, operations, assets, equipment, property, leaseholds, or other facilities, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower’s Subsidiaries, the Subsidiaries and the Guarantors taken as a whole. Neither the Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal). Set forth in Schedule IV is a list of all real property owned or leased by the Borrower and its Subsidiaries at any time since January 1, 1990, wherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditionlocation.

Environment. Except as disclosed on Schedule 4.15 hereof, the Borrower and Borrower’s Subsidiaries have each Subsidiary has duly complied with, and its business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary has been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health health, or safety matters. Except as disclosed on Schedule 4.15 hereof, except to neither the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, nor knows of, or has actual knowledge of suspects, facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its business, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approvalapproval issued to the Borrower and each Subsidiary and except as disclosed on Schedule 4.15 hereof, there has been no material emission, spill, release release, or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of the premises of the Borrower or any of its Subsidiaries and each Subsidiary, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises of the Borrower and each Subsidiary; and accordingly no all of the premises of the Borrower and each Subsidiary are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There Except as disclosed on Schedule 4.15 hereof, there has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health health, or safety matters affecting the Borrower and each Subsidiary, or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Except as disclosed on Schedule 4.15 hereof, neither the Borrower nor any of Borrower’s Subsidiaries have Subsidiary has any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower and Borrower’s 's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s 's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s 's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s 's Subsidiaries. Neither Borrower nor any of Borrower’s 's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, liability would have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition.

Environment. The Borrower has duly complied with, and Borrower’s Subsidiaries have their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all Environmental Laws. The Borrower has been issued and will maintain all required federalFederal, state, and local permits, licensesLicenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any Federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . The Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, nor knows of, or has actual knowledge of suspects, facts which might constitute any material violations of any federalEnvironmental Laws with respect to its businesses, state operations, assets, equipment, property, leaseholds, or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunderother facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approval, to the best of Borrower's knowledge there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrower is to the best of Borrower's knowledge free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither The Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. The Borrower has duly complied with, and Borrower’s Subsidiaries have its businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower has been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except matters which are required in order for the Borrower to the extent the failure conduct its business. The Borrower warrants that no such permits are outstanding or have been applied for with regard to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have the collateral. The Borrower has not received notice of, nor does it have any knowledge of, or has actual knowledge of suspect, facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunder. Except in accordance thereunder with a valid governmental permitrespect to its businesses, licenseoperations, certificate assets, equipment, property, leaseholds, or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesother facilities. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither The Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health 9 or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditionits business. Neither Borrower nor any of Borrower’s Subsidiaries have has not received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there Borrower has been made no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesthe premises. There To Borrower's knowledge there has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity to Borrower or with respect to material violations of law or damages by reason of which Borrower or Borrower’s Subsidiaries is an interested party with respect to (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Except with respect to normal office refuse and routine cleaning materials, Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service water surface or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of or toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, nor to its best knowledge knows of or has actual knowledge of suspects, facts which might constitute any material violations of any federal, state or local environmental,health, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its business, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalTo Borrower's best knowledge, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises, except as expressly permitted by operation of law or permit to discharge; and accordingly no the premises of the Borrower is free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes, except such toxic or hazardous substances or wastes which are customarily used in the Borrower's business. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of any material knows of, or suspects facts which might constituteany violations of any federal, state or local 6 7 environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower and Borrower’s Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissionsTenant covenants, represents and warrants (i) that the Demised Premises does not contain and will not contain (A) asbestos in any form; (bB) discharges to service water or groundwaterurea formaldehyde foam insulation; (cC) noise emissionstransformers or other equipment which contain dielectric fluid containing polychlorinated biphenyls (PCB's); (dD) solid fuel oil, gasoline, other petroleum products or liquid waste disposalby-products, (E) lead-based paint or (F) any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous, controlled or toxic substances, or any pollutant or contaminant, or related materials defined in or controlled pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801 et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other federal, state or local environmental law, ordinance, rule, or regulation; or which, even if not so regulated, may or could pose a hazard to the health or safety of the occupants of the Demised Premises or surrounding properties or the owners of the Demised Premises or surrounding properties (ethe substances described in (A), (B), (C), (D), (E) and (F) above are referred to collectively herein as "Hazardous Materials"), (ii) that the Demised Premises and any buildings and other improvements and additions previously, now or hereafter located thereon, are not now being used nor have ever been used and will never be used for any activities involving, directly or indirectly, the use, generation, storagetreatment, transportation transportation, storage or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmentalany Hazardous Materials whether by Tenant, health or safety matters, except to any prior owner of the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances Demised Premises or any rules tenant or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) prior tenant of the air; (ii) soilsDemised Premises; (iii) service water that there has never been any Hazardous Materials Release (as defined below in this section) on, from or groundwateraffecting the Demised Premises; (iv) that none of the sewerDemised Premises, septic system any previous owner of the Demised Premises, nor Tenant are subject to any past, existing, pending, or waste treatmentthreatened notice, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affectedsummons, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, ordercitation, directive, claiminvestigation, citation litigation, proceeding, inquiry, lien, encumbrance or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spillsrestriction, releases or discharges to soils or improvements located thereonsettlement, surface waterremedial, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatmentresponse, cleanup or disposal closure arrangement or any other remedial obligations by or with any governmental authority (collectively "Regulatory Actions") under, or are in violation of, any applicable laws, rules, regulations or orders pertaining to health, the environment or Hazardous Materials; and (v) that none of the Demised Premises and any buildings and other improvements and additions previously or now located thereon have ever been used or will ever be used as an industrial or manufacturing facility or as a petroleum storage, refining or distribution facility or terminal, or a gasoline station, whether by Tenant, any prior owner or any tenant or prior tenant of the Demised Premises. Tenant does not know and has no reason to know of any solid wasteviolation of the foregoing representations, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, warranties and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditioncovenants.

Environment. The Borrower and each Subsidiary and each Guarantor have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances and all rules and regulations promulgated thereunder, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower’s , the Subsidiaries and the Guarantors taken as a whole. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals approvals, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole, relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code, or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither the Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities which would have a material adverse impact on the Borrower or any of its Subsidiaries and the Guarantors taken as a whole. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrower and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes; except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any its business, operations, assets, equipment, property, leaseholds, or other facilities, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower’s Subsidiaries, the Subsidiaries and the Guarantors taken as a whole. Neither the Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal). Set forth in Schedule 4.15 is a list of all real property owned or leased by the Borrower and its Subsidiaries at any time since January 1, 1990, wherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditionlocation.

Environment. Borrower Piezo and Borrower’s Subsidiaries each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, Property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, the failure of compliance with which would reasonably be anticipated to result in a Material Adverse Effect. Piezo and each Subsidiary have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a) air emissions; (b) discharges to service surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f) other environmental, health or safety matters. A true, except to the extent the failure to have any accurate and complete list of all such permitpermits, licenselicenses, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditioncertificates and approvals is attached hereto as Schedule 5.15. Neither Borrower Piezo nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, or has actual knowledge knows of facts which constitute any material violations of of, any federal, state or local environmental, health or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, Property, leaseholds or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalapproval listed in Schedule 5.15, there has been no material emission, spill, release or discharge into or upon (ia) the air; (iib) soils, or any improvements located thereon; (iiic) service surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no except for inventory of raw materials, supplies, work in progress and finished goods listed in Schedule 5.15 that is to be used or sold in the ordinary course of business the premises of Piezo and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1a) air emissions; (2b) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6f) other environmental, health or safety matters affecting Borrower Piezo or any of Borrower’s Subsidiariesits business, operations, assets, equipment, Property, leaseholds or other facilities. Neither Borrower Piezo nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation or liability shall be deemed material ifwith respect to any current regulation, law or statute regarding such storage, treatment, cleanup or disposal) which is not shown on Schedule 5.15. Set forth in Schedule 5.15 is a list of all real property owned or leased by Piezo and its Subsidiaries at any time since December 31, 1998, wherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditionlocation.

Environment. Borrower and Borrower’s 's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) emissions; (b2) discharges to service water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s 's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils; (iii3) service water or groundwater; (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no such property has the premises of Borrower and Borrower's Subsidiaries have not been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s 's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s 's Subsidiaries. Neither Borrower nor any of Borrower’s 's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, liability would have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition.

Environment. Each Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Each Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither No Borrower nor any of Borrower’s Subsidiaries have has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesthe premises. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting any Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. No Borrower has any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower Each Loan Party has duly complied in all material respects with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Each Loan Party has been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (ai) air emissions; (bii) discharges to service water surface or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health health, or safety matters, except . Except as previously disclosed to the extent Agent and the failure to have any such permitBanks in writing, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have no Loan Party has received notice of, nor to its best knowledge knows of or has actual knowledge of suspects, facts which might constitute any material violations of any federal, state or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunder. Except in accordance thereunder with a valid governmental permitrespect to its business, licenseoperations, certificate assets, equipment, property, leaseholds, or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesother facilities. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or to the best of such Loan Party’s knowledge any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vii) other environmentalenvironmental health, health or safety matters affecting Borrower such Loan Party or its business, operations, assets, equipment, property, leaseholds, or other facilities. No Loan Party has any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. The Borrower has duly complied with and Borrower’s Subsidiaries have the business, operations, and equipment of the Project are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances and all rules and regulations promulgated thereunder. The Borrower has been issued and will maintain (or cause the tenants of the Project to obtain and maintain) all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code, or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); (vi) compliance with the Americans With Disabilities Act (except for those matters which the Borrower or a Tenant is presently undertaking remediation); or (fvii) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither The Borrower nor any of Borrower’s Subsidiaries have has received no notice of, or has actual knowledge of knows of, or suspects no facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its business, operations, equipment and the Project. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the Project, of any toxic or hazardous substances or hazardous wastes at or from such propertythe Project; and accordingly no the Project is free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity Person with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premisesProject; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health health, or safety matters affecting the Borrower or any of the Borrower’s Subsidiaries's business, operations, equipment, the Project or its use or operation. Neither The Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. The Borrower has duly complied with, and Borrower’s Subsidiaries have their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all Environmental Laws. The Borrower has been issued and will maintain all required federalFederal, state, and local permits, licensesLicenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any Federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . The Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, nor knows of, or has actual knowledge of suspects, facts which might constitute any material violations of any federalEnvironmental Laws with respect to its businesses, state operations, assets, equipment, property, leaseholds, or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunderother facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approval, to the best of Borrower’s knowledge there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the Mortgaged Premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe Mortgaged Premises; and accordingly no the Mortgaged Premises of the Borrower is to the best of Borrower’s knowledge free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premisesMortgaged Premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither The Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower The Company has duly complied, in all material respects, with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance, in all material respects, with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Company has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . The Company has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesthe premises. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower the Company or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries The Company does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. The Borrower has duly complied with, and Borrower’s Subsidiaries have their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all Environmental Laws. The Borrower has been issued and will maintain all required federalFederal, state, and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic Hazardous Substances (intended hereby and hereafter to include any and all such materials listed in any Federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous substances or hazardous wastespotentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . The Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, nor knows of, or has actual knowledge of suspects, facts which might constitute any material violations of any federalEnvironmental Laws with respect to its businesses, state operations, assets, equipment, property, leaseholds, or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunderother facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approval, to the best of Borrower’s knowledge there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the Mortgaged Premises, of any toxic or hazardous substances or hazardous wastes Hazardous Substances at or from such propertythe Mortgaged Premises; and accordingly no the Mortgaged Premises of the Borrower is to the best of Borrower’s knowledge free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesHazardous Substances. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premisesMortgaged Premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wastesHazardous Substances; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither The Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wasteHazardous Substances (including without limitation any such indebtedness, hazardous wastesobligation, or other toxic liability with respect to any current regulation, law, or hazardous substancesstatute regarding such storage, treatment, cleanup, or disposal). For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation Notwithstanding the foregoing or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or anything in the aggregateother Loan Documents, would have a material adverse effect on Borrower’s consolidated operationsthe Lender acknowledges that it is aware of the environmental issues with respect to the Springfield, business or financial conditionMassachusetts property as described in the excerpt from the Form 10-K of the Guarantor attached hereto as Schedule 12.16.

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries its business, ----------- operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a Material Adverse Effect. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditionMaterial Adverse Effect. Neither Borrower nor any of Borrower’s Subsidiaries have has not received notice of, or has actual knowledge of any knows of, facts which might reasonably be deemed to constitute a material violations violation of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the knowledge of Borrower, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property any premises owned or leased by Borrower in connection with the operation of its business. Borrower has been adversely affected, in not received any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, to Borrower's knowledge, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower The Company and Borrower’s Subsidiaries have each Subsidiary has duly complied in all material respects with, and their businesses, operations, assets, equipment property, leaseholds or other facilities are in material compliance with, the provisions of all applicable federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Company and each Subsidiary has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . The Company and each Subsidiary has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Company and each Subsidiary, are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting Borrower the Company and each Subsidiary or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries The Company does not have any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditionits business. Neither Borrower nor any of Borrower’s Subsidiaries have has not received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, to the best of Borrower's knowledge, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. To the best knowledge of Borrower, Borrower has duly complied with, and its businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. To the best knowledge of Borrower’s Subsidiaries have , Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or and (f6) other environmental, health or safety matters. To the best knowledge of Borrower, except a true, accurate and complete list of all such permits, licenses, certificates and approvals has been delivered to the extent Bank and are listed upon Exhibit E attached hereto and made a part hereof. To the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any best knowledge of Borrower’s Subsidiaries have , Borrower has not received notice of, nor knows of, or has actual knowledge of suspects, facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances ordinances, or any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds or other facilities. Except To the best knowledge of Borrower, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries facility, of any toxic or hazardous substances or hazardous wastes at or from such propertyany Borrower facility; and accordingly no accordingly, to the best knowledge of Borrower, the premises of the Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There Borrower has been received no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premisesany Borrower facility; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturednot matured in excess of $500,000, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, ----------- operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service water surface or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of or toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, nor to its best knowledge knows of or has actual knowledge of suspects, facts which might constitute any material violations of any federal, state or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its business, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalTo Borrower's best knowledge, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrower is free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. To the knowledge of Borrower, Borrower has materially complied with, and its business, operations, material assets, equipment, property, leaseholds or other facilities are in material compliance with, the provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except such non-compliance which, individually or in the aggregate, would not have a material adverse effect on Borrower’s Subsidiaries have 's financial condition or its ability to conduct its business in the manner now conducted. Borrower has been issued and will use its best efforts to maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (ai) air emissions; (bii) discharges to service surface water or groundwater; (ciii) noise emissions; (div) solid or liquid waste disposal; (ev) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (fvi) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any received written notice of Borrower’s Subsidiaries have received notice of, or has actual knowledge of any material violations an alleged violation of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the knowledge of Borrower, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) service surface water or groundwater; or (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property the premises. To the knowledge of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affectedBorrower, in any material respect, by any toxic or hazardous substances or wastes. There there has been no written complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity governmental authority with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1i) air emissions; (2ii) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6vi) other environmental, health or safety matters affecting Borrower which, individually or any in the aggregate, would have a material adverse effect on Borrower's financial condition or its ability to conduct its business in the manner now conducted. To the knowledge of Borrower’s Subsidiaries. Neither , Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower and Borrower’s Subsidiaries each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, and other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes, and ordinances, and all rules and regulations promulgated thereunder. Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (a) air emissions; (b) discharges to service surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code, or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or and (f) other environmental, health health, or safety matters. A true, except to the extent the failure to have any accurate, and complete list of all such permitpermits, licenselicenses, certificate or approval would not have a material adverse effect on Borrower’s consolidated operationscertificates, business or financial conditionand approvals is annexed hereto as Exhibit H [omitted]. Neither Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, or has actual knowledge knows of or suspects, facts that might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes codes, or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approvalapproval listed in Exhibit H, there has been no material emission, spill, release release, or discharge into or upon (ia) the air; (iib) soils, or any improvements located thereon; (iiic) service surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system systems servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from the premises; and, accordingly (except for the inventory of raw materials, supplies, work in progress, and finished goods listed in Exhibit I [omitted] annexed hereto that is to be used or sold in the ordinary course of business), Borrower's premises and those of its Subsidiaries are free of all such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1a) air emissions; (2b) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6f) other environmental, health health, or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal) that is not shown on Exhibit L Set forth in Exhibit J [omitted] annexed hereto is a list of all real property owned or leased by Borrower and its Subsidiaries at any time since [date], wherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditionlocation.

Environment. The Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . The Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. The Borrower and Borrower’s Subsidiaries each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health health, or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither the Borrower nor any of Borrower’s Subsidiaries have Subsidiary has received notice of, nor knows of, or has actual knowledge of suspects, facts which might constitute any material violations of any federal, state state, or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approval, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrower and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting the Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor any of Borrower’s its Subsidiaries have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastewastes, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spillcleanup, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower Borrowers have duly complied with, and Borrower’s Subsidiaries their ----------- business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrowers have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service water surface or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to . Borrowers have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, nor to its best knowledge knows of or has actual knowledge of suspects, facts which might constitute any material violations of any federal, state or local environmental, health health, or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its business, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalTo Borrowers' best knowledge, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of the Borrowers are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation citation, or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health health, or safety matters affecting Borrower Borrowers or any of Borrower’s Subsidiariestheir business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries Borrowers have any material no indebtedness, obligation obligation, or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw, or statute regarding such violationstorage, emissiontreatment, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower The Company has duly complied in all material respects with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance in all material respects with the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Company has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . The Company has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of any knows of, or suspects facts which might constitute a material violations violation of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastesthe premises. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower the Company or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries The Company does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Each Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Each Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have has received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of each Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting each Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor has any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower and Borrower’s 's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a1) emissions; (b2) discharges to service water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s 's Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils; (iii3) service water or groundwater; (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no such property has the premises of Borrower and Borrower's Subsidiaries have not been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s 's Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s 's Subsidiaries. Neither Borrower nor any of Borrower’s 's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal of any solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of this subsection 4.134.14, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, liability would have a material adverse effect on Borrower’s 's consolidated operations, business or financial condition.

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance in all material respects with, the provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of does not know of, and does not have reason to believe that facts exists which would reasonably be expected to constitute, any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no such property has been adversely affected, in the premises of Borrower are free of any material respect, by any amount of such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities in any material respect. The representations in the preceding two sentences are made to the best of Borrower's knowledge, information and belief, with no special diligence in preparation for the execution of this Agreement; provided, however, should any of such representations prove false in any material respect as to impose a material liability upon Borrower’s Subsidiaries, the representation shall be deemed breached for the purpose of establishing a default under this Agreement. Neither Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower M-TRON and Borrower’s each of its Subsidiaries have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, the failure of compliance with which would reasonably be anticipated to result in a Material Adverse Effect. M-TRON and each of its Subsidiaries have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a) air emissions; (b) discharges to service surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f) other environmental, health or safety matters. A true, except to the extent the failure to have any accurate and complete list of all such permitpermits, licenselicenses, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditioncertificates and approvals is attached hereto as Schedule 4.15. Neither Borrower M-TRON nor any of Borrower’s its Subsidiaries have has received notice of, or has actual knowledge knows of facts which constitute any material violations of of, any federal, state or local 15 environmental, health or safety laws, codes or ordinances or and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalapproval listed in Schedule 4.15, there has been no material emission, spill, release or discharge into or upon (ia) the air; (iib) soils, or any improvements located thereon; (iiic) service surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no except for inventory of raw materials, supplies, work in progress and finished goods listed in Schedule 4.15 that is to be used or sold in the ordinary course of business, the premises of M-TRON and its Subsidiaries are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1a) air emissions; (2b) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6f) other environmental, health or safety matters affecting Borrower M-TRON, its Subsidiaries or any of Borrower’s Subsidiariestheir respective business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower M-TRON nor any of Borrower’s its Subsidiaries have has any material indebtedness, obligation or liability, absolute or contingent, matured or unmaturednot matured, with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation or liability shall be deemed material ifwith respect to any current regulation, law or statute regarding such storage, treatment, cleanup or disposal) which is not shown on Schedule 4.15. Set forth in Schedule 4.15 is a list of all real property owned or leased by M-TRON and Subsidiaries at any time since June 30, 1999, wherever located, and only if, a brief description of the business conducted at such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditionlocation.

Environment. The Borrower and Borrower’s Subsidiaries each Subsidiary have duly complied with, and their businesses, operations, Assets, equipment, property, leaseholds, or other facilities are in compliance, with all material Environmental Requirements. The Borrower and each Subsidiary have been issued and will maintain in all material respects all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (a) air emissions; (b) discharges to service surface water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f) other environmental, health health, or safety mattersmatters (collectively, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder“Environmental Permits”). Except in accordance with a valid governmental permitEnvironmental Permit, license, certificate or approvalto the Borrower’s Knowledge, there has been no material emission, spill, release release, or discharge into or upon (ia) the air; (iib) soils; or any improvements located thereon; (iiic) service surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system servicing any property of real property, building or other improvement owned or leased by the Borrower or any of its Subsidiaries Subsidiary (collectively, the “Premises”) of any toxic or hazardous substances or hazardous wastes at or from such propertythe Premises; and accordingly no accordingly, to the Borrower’s Knowledge, the Premises are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There To the Borrower’s Knowledge, there has been no complaint, order, directive, claim, citation citation, or notice in writing by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1a) air emissions; (2b) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premisesPremises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6f) other environmental, health health, or safety matters affecting against the Borrower or any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtednessits business, obligation or liabilityoperations, absolute or contingentAssets, matured or unmaturedequipment, with respect to the storageproperty, treatment, cleanup or disposal of any solid waste, hazardous wastesleaseholds, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditionfacilities.

Environment. Borrower and Borrower’s Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (a) emissions; (b) discharges to service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the useComply with all federal, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other state and local environmental, health or and safety matterslaws, codes and ordinances and all rules and regulations issued thereunder except to the extent the failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower’s the consolidated operations, business or financial condition. Neither condition of Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge and its Subsidiaries; (b) notify the Agent promptly of any material violations notice of any federal, state a hazardous discharge or local environmental, health or safety laws, codes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or environmental complaint received from such property; and accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries other Person (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or and the sewer, septic system or waste treatment, storage or disposal system servicing Agent shall notify the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the storage, treatment, cleanup or disposal Lenders promptly following its receipt of any solid wastesuch notice) that, hazardous wastesif adversely determined, or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the aggregate, would could have a material adverse effect on Borrower’s the consolidated operations, business or financial condition.condition of Borrower and its Subsidiaries; and (c) notify the Agent promptly of any hazardous discharge from or affecting its premises (and the Agent shall notify the Lenders promptly following its receipt of any such notice) that could have a material adverse effect on the consolidated operations, business or financial condition of Borrower and its Subsidiaries. In the case of clauses (b) and (c) above, (i) promptly contain and remove any such hazardous discharge, in compliance with all applicable laws; (ii) promptly pay any fine or penalty assessed in connection therewith; (iii) permit the Agent to inspect the premises, to conduct tests thereon and to inspect all books, correspondence and records pertaining thereto; and (iv) at the Agent’s request, and at Borrower’s expense, provide a report of a qualified environmental engineer, satisfactory in scope, form and content to the Required Lenders, that the condition has been corrected, NEGATIVE COVENANTS Borrower hereby agrees that, from the date hereof and so long as the Commitment remains in effect, any portion of any Note or Reimbursement Obligation remains outstanding and unpaid, any Facility L/C remains outstanding that is not fully collateralized with cash in accordance with the provision of Section 8 hereof, or any other amount is owing to Agent, any LC Issuer or any Lender hereunder, Borrower shall not, nor shall it permit any of its Subsidiaries and, in the case of subsections 7.1, 7.2 and 7.3 hereof, permit any M/I Ancillary Business that is wholly owned by Borrower or any Subsidiary to, directly or indirectly:

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries its business, operations. assets, equipment, property, leaseholds or other facilities are in compliance with, the applicable provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to so comply would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the that failure to have any such permit, license, certificate or approval do so would not have a material adverse effect on Borrower’s consolidated operations, business or financial conditionits business. Neither Borrower nor any of Borrower’s Subsidiaries have has not received notice of, or has actual knowledge and is not otherwise aware of any facts which constitute material violations of any applicable federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to Borrower's businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except In connection with property owned or leased by Borrower, and except in accordance with a valid governmental permit, license, certificate or approval, there has not been no material (during the period of Borrowers ownership or lease thereof) any emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such property; and accordingly no such property the premises. Borrower has been adversely affected, in not received any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity against or respecting Borrower with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiaries. Neither its business, operations, assets, equipment, property, leaseholds or other facilities Borrower nor any of Borrower’s Subsidiaries have any material has no indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).

Environment. Borrower has duly complied with, and Borrower’s Subsidiaries have its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (a1) air emissions; (b2) discharges to service surface water or groundwater; (c3) noise emissions; (d4) solid or liquid waste disposal; (e5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous wastesor potentially hazardous); or (f6) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would . Borrower has not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances or ordinances, and any rules or regulations promulgated thereunderthereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) service surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries the premises, of any toxic or hazardous substances or hazardous wastes at or from such propertythe premises; and accordingly no the premises of Borrower are free of all such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority governmental authority or any person or entity with respect to material violations of law or damages by reason of Borrower or Borrower’s Subsidiaries (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wasteswaste; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiariesits business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower nor any of Borrower’s Subsidiaries does not have any material indebtedness, obligation or liability, liability (absolute or contingent, matured or unmaturednot matured), with respect to the storage, treatment, cleanup or disposal of any solid wastewastes, hazardous wastes, wastes or other toxic or hazardous substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, substances (including without limitation any such indebtedness, obligation obligation, or liability shall be deemed material ifwith respect to any current regulation, and only iflaw or statute regarding such storage, such violationtreatment, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation cleanup or liability, in any one case or in the aggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial conditiondisposal).