Environmental Investigations. All material environmental investigations, studies, audits, assessments and data which are in the possession, custody or control of any Company relating (i) to the current or prior business, operations, facilities or Property of any Company or any of their respective predecessors in interest or (ii) to any facility, Property or other asset now or previously owned, operated, leased or used by any Company or any of their respective predecessors in interest have been made available to the Lead Arranger and the Lenders.
Environmental Investigations. (a) Acquiror and its Representatives shall have the right, upon execution of a mutually agreeable site access agreement including customary and reasonable insurance coverage for the Company, to enter the Company’s and its Subsidiaries’ real property, whether leased or owned (at Acquiror’s sole cost and expense), but not the obligation or responsibility, to inspect any such real property, including conducting asbestos surveys and sampling, environmental assessments and investigation, and other non-invasive or non-destructive environmental surveys and analyses (“Environmental Inspections”) on or prior to sixty (60) days after the date of this Agreement. If any such Environmental Inspection reveals a Recognized Environmental Condition or material Business Environmental Risk as defined by the ASTM due diligence standard, further investigation (a “Secondary Investigation”) including test borings, soil, water, asbestos or other sampling, is deemed desirable by Acquiror, Acquiror shall: (i) notify the Company of any real property for which it seeks to conduct such a Secondary Investigation and the reasons for such Secondary Investigation; (ii) submit a work plan to the Company for such Secondary Investigation, for which Acquiror agrees to afford the Company the ability to comment on and Acquiror agrees to reasonably consider all such comments (and negotiate in good faith any such comments); and (iii) conclude such Secondary Investigation, on or prior to thirty (30) days after the date of receipt of the Company’s comments. Acquiror shall give reasonable notice to the Company of such Environmental Inspections and Secondary Investigations, and the Company may place reasonable restrictions on the time and place at which such Environmental Inspections and Secondary Investigations may be carried out. Acquiror and the Company will cooperate and use their reasonable best efforts to as promptly as possible conclude the Environmental Inspections and any Secondary Investigation.
Environmental Investigations. Buyer has completed a Phase I Environmental Site Assessment Report, and may conduct further environmental investigations.
Environmental Investigations. The Company agrees that Administrative Agent may, from time to time and in its reasonable discretion, (i) retain, at Company's expense, an independent professional consultant (a "CONSULTANT") to review any environmental audits, investigations, analyses and reports relating to Hazardous Materials prepared by or for Company and (ii) if (a) Administrative Agent reasonably believes that any Loan Party has breached any representation, warranty or covenant contained in subsections 5.13 or 6.15 or that there has been a material violation of Environmental Laws at any Facility or by any Loan Party or any of the Company's Subsidiaries at any other location or (b) an Event of Default has occurred and is continuing, conduct its own investigation of any Facility; provided that, in the case of any Facility no longer owned, leased, operated or used by any Loan Party or any of the Company's Subsidiaries, the Company shall only be obligated to use its best efforts to obtain permission for Administrative Agent's Consultant to conduct an investigation of such Facility. For purposes of conducting such a review and/or investigation, the Company hereby grants to Administrative Agent and its agents, employees, consultants and contractors the right, upon not less than two Business Days' prior written notice, to enter into or onto any Facilities currently owned, leased, operated or used by any Loan Party or any of the Company's Subsidiaries and to perform such tests on such property (including taking samples of soil, groundwater and suspected asbestos-containing materials) as are reasonably necessary in connection therewith. Any such investigation of any Facility shall be conducted, unless otherwise agreed to by the Company and Administrative Agent, during normal business hours and, to the extent reasonably practicable, shall be conducted so as not to interfere with the ongoing operations at such Facility or to cause any damage or loss to any property at such Facility. The Company and Administrative Agent hereby acknowledge and agree that any report of any investigation conducted at the request of Administrative Agent pursuant to this subsection 6.7C will be obtained and shall be used by Administrative Agent and Lenders for the purposes of Lenders' internal credit decisions, to monitor and police the Loans and to protect Lenders' security interests, if any, created by the Loan Documents. Administrative Agent agrees to deliver a copy of any such report to the Company with the under...
Environmental Investigations. Although Lessee shall not be liable for any Hazardous Substances on the Premises that was not caused in whole or in part by the activity of the Lessee, its agents, subtenants, or any other person or entity on the Premises as a result of, arising out of, or relating to Lessee’s operations under this Lease or any previous lease or agreement, Lessee shall be responsible for the costs of any environmental investigations or remediation arising from the development or use of the Premises by Lessee, and Xxxxxx hereby releases the Lessor from any contribution claim for those costs. By way of example only, if the Lessee excavates soil on the Premises which contains Hazardous Substances, then the Lessee will be responsible for the cost associated with disposing of those soils regardless of when or how the Hazardous Substances were released into those soils.
Environmental Investigations. As of the Closing Date, all material environmental investigations, studies, audits or assessments in the possession, custody or control of any Company relating (i) to the current or prior business or operations of any Company or any of their respective predecessors in interest or (ii) to any Property now or previously owned, operated, leased or used by any Company or any of their respective predecessors in interest have been made available to Agents and the Lenders.
Environmental Investigations. (a) In the event that Buyer notifies Seller that any Phase I Environmental Assessment pursuant to the American Society for Testing and Materials Standard E 1527-00 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process) (each, a “Phase I Investigation”) delivered to Buyer pursuant to Section 4.5 has discovered or reported any fact, matter or circumstance that reasonably requires further investigation, Seller shall, at Seller’s sole cost and expense, cause to be carried out by an assessor (who shall be reasonably satisfactory to Buyer) a Phase II Environmental Assessment pursuant to the American Society for Testing and Materials Standard E 1903-97 (Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process) (each, a “Phase II Investigation”) on each parcel of real property with respect to which there was any such fact, matter or circumstance discovered or reported, and upon completion of such Phase II Investigations, if any, Seller shall provide copies to Buyer of all reports and documents related thereto.
Environmental Investigations. To the knowledge of senior management of the Company, all environmental investigations, studies, audits, assessments or reviews in the possession, custody or control of any Credit Party which relates to the current or prior business or assets of any Credit Party or any of its respective Subsidiaries or any Real Property, assets or facility now or previously owned, operated, leased, used or controlled by any Credit Party or any of its respective Subsidiaries have been delivered to the Administrative Agent.
Environmental Investigations. All material environmental ---------------------------- investigations, studies, audits or assessments which have been conducted and which are in the possession, custody or control of any Obligor or any Subsidiary relating (i) to the current or prior business, operations, facilities or Properties of any Obligor or any Subsidiary or any of their respective predecessors in interest or (ii) to any facility or Property of any Obligor now or previously owned, operated, leased or used by any Obligor or any Subsidiary or any of their respective predecessors in interest have been made available to the Administrative Agent and the Lenders.
Environmental Investigations. As soon as practicable after the date of this Agreement (but in no event more than 60 days after the date of this Agreement), Buyer may obtain at Buyer's expense a Phase I environmental audit of the Real Property (which shall include a limited asbestos survey), or on such parcels of the Real Property as Buyer may determine. Buyer shall engage Eneco Tech, Inc. or, at Buyer's option, another nationally known environmental auditing company to perform the aforesaid audit. Seller and the Companies will comply with any reasonable request for information made by Buyer or its agents in connection with any such investigation and shall afford Buyer and its agents access to all operations of the Companies, including, without limitation, all areas of the Real Property, at reasonable times and in a reasonable manner in connection with any such investigations. If the results of those investigations would cause a reasonable purchaser to perform further investigations or testing with respect to any of the Real Property, Buyer shall cause to be performed Phase II environmental audits with respect to such Real Property, which shall be completed no more than 120 days after the date of this Agreement. Buyer agrees to promptly deliver to Seller copies of all audits and other reports obtained by Buyer with respect to such investigations and, at Seller's expense, all other information related thereto which is reasonably requested by Seller. Further, Buyer agrees to restore any test borings and other physical damage to any of the assets and properties of any of the Companies caused by such investigations which in no event shall be deemed to obligate Buyer to remediate any environmental problems).
