Environment. The Borrower and 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 (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or 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 and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 4 contracts
Samples: Credit and Term Loan Agreement, Revolving Credit and Term Loan Agreement (Burlington Coat Factory Warehouse Corp), Revolving Credit Agreement (Burlington Coat Factory Warehouse Corp)
Environment. The Borrower and 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 Borrower’s Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1a) air emissions; (2b) discharges to surface service water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 or potentially hazardous)wastes; or (6f) 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 Subsidiary has of Borrower’s Subsidiaries have received notice of, or knows of, or suspects facts which might constitute has actual knowledge of any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances and or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesthereunder. 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 (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface service water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from the premisessuch 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 (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 systems system 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 wastehazardous wastes; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilitiesany of Borrower’s Subsidiaries. To its knowledge, neither the Neither Borrower nor its any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or not maturedunmatured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wasteswaste, hazardous wastes, or other toxic or hazardous substances (including without limitation any such substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation, obligation or liability with respect to shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any current regulationone case or in the aggregate, lawwould have a material adverse effect on Borrower’s consolidated operations, business or statute regarding such storage, treatment, cleanup, or disposal)financial condition.
Appears in 4 contracts
Samples: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their its businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the A true, accurate, and complete list of all such permits, licenses, certificates, and approvals is attached hereto as Schedule 5.1(p). The Borrower nor any Subsidiary has not received notice of, or nor 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, ; or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such 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 (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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither Neither the Borrower nor its Subsidiaries have any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with 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 a brief description of the business conducted at such location.
Appears in 3 contracts
Samples: Security Agreement (Surgical Safety Products Inc), Security Agreement (Cuidao Holding Corp), Security Agreement (Orange Productions Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial material compliance with, the provisions of all federal, state state, and local environmental, health health, and safety laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all material required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 code, or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety mattersmatters the absence of which could reasonably be expected to cause a materially adverse effect. Neither the The Borrower nor any Subsidiary has not received notice of, or 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 and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesfacilities 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premisespremises the existence of which could reasonably be expected to cause a materially adverse effect. There has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilitiesfacilities the existence of which could reasonably be expected to cause a materially adverse effect. To its knowledge, neither the The Borrower nor its Subsidiaries does not have any material indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal)substances.
Appears in 3 contracts
Samples: Agented Revolving Credit Agreement (Americas Carmart Inc), Revolving Credit Agreement (Americas Carmart Inc), Agented Revolving Credit Agreement (Crown Group Inc /Tx/)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1i) air emissions; (2if) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1A) the air; (2B) soils, or any improvements located thereon; (3C) surface water or groundwater; or (4D) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 3 contracts
Samples: Employment Agreement (Accentia Biopharmaceuticals Inc), Employment Agreement (Accentia Biopharmaceuticals Inc), Employment Agreement (Accentia Biopharmaceuticals Inc)
Environment. The Borrower and 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 Guarantors have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 or potentially hazardous)wastes; or (6f) 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 Subsidiary has of the Guarantors have received notice of, or knows of, or suspects facts which might constitute has actual knowledge of any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances and or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesthereunder. 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 (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of the premises Guarantors of any toxic or hazardous substances or hazardous wastes at or from the premisessuch 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 the Guarantors (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 systems system 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 wastehazardous wastes; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilitiesany of the Guarantors. To its knowledge, neither the Neither Borrower nor its Subsidiaries any of the Guarantors have any material indebtedness, obligation or liability, absolute or contingent, matured or not maturedunmatured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wasteswaste, hazardous wastes, or other toxic or hazardous substances (including without limitation any such substances. For purposes of this subsection 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation, obligation or liability with respect to shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any current regulationone case or in the aggregate, lawwould have a material adverse effect on Borrower's consolidated operations, business or statute regarding such storage, treatment, cleanup, or disposal)financial condition.
Appears in 2 contracts
Samples: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc)
Environment. The To their knowledge, the Borrower and each Subsidiary have duly complied compiled 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 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 (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or knows of, or suspects of facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly, to their knowledge, the premises of Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There To Borrower's knowledge, there has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither Neither the Borrower nor its Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 2 contracts
Samples: Credit Agreement (Alliance Semiconductor Corp /De/), Credit Agreement (Alliance Semiconductor Corp /De/)
Environment. The Borrower and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health 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 (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 or potentially hazardous); or (6) other environmental, health, or safety matters. A true, accurate, and complete list of all such permits, licenses, certificates, and approvals is attached hereto as Schedule 4.15. Neither the Borrower nor any Subsidiary has received notice of, or nor 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, ; or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly [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 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 (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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither Neither the Borrower nor its Subsidiaries have any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal)) which is not shown on Schedule 4.15.
Appears in 2 contracts
Samples: Revolving Loan Agreement (Photomedex Inc), Revolving Loan Agreement (Surgical Laser Technologies Inc /De/)
Environment. The Each Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Each Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the No Borrower nor any Subsidiary has received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of each Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, health or safety matters materially affecting the each Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the No Borrower nor its Subsidiaries have has any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 2 contracts
Samples: Pledge and Security Agreement (Dreams Inc), Pledge and Security Agreement (Dreams Inc)
Environment. The Borrower and each Subsidiary have Each Obligor has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health 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. The Borrower and each Subsidiary have Each Obligor has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary No Obligor has received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of each Obligor is free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, health or safety matters materially affecting the Borrower any Obligor or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have No Obligor has any material indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 2 contracts
Samples: Loan Agreement (Sb Merger Corp), Loan Agreement (Dynagen Inc)
Environment. The To the best of Borrower's knowledge, the Borrower and each Subsidiary of its Subsidiaries have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federalFederal, state state, and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each 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 (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 federalFederal, state, or local law, code or ordinance ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or nor knows of, or suspects suspects, facts which might constitute any material violations of any federalFederal, state, or local environmental, health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and any of its Subsidiaries are free of all such 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 (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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither Neither the Borrower nor any of its Subsidiaries have any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 2 contracts
Samples: Revolving Loans and Foreign Exchange Facilities Agreement (Mestek Inc), Exchange Facilities Agreement (Mestek Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance in all material respects with, the provisions of all applicable federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, or knows does not know of, or suspects and does not have reason to believe that facts exists which might constitute would reasonably be expected to constitute, any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of any material amount of such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilitiesfacilities in any material respect. To its The representations in the preceding two sentences are made to the best of Borrower's knowledge, neither 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, the representation shall be deemed breached for the purpose of establishing a default under this Agreement. Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Loan Agreement (American Consolidated Laboratories Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Loan Agreement (Online Resources & Communications Corp)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health 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. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health 9 or safety matters, except to the extent that failure to do so would not have a material adverse effect on its business. Neither the Borrower nor any Subsidiary has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises. There To Borrower's knowledge there has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity to Borrower or with respect to which Borrower is an interested party with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledgeExcept with respect to normal office refuse and routine cleaning materials, neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have Each Loan Party has duly complied in all material respects with, and their businessesits business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have Each Loan Party has been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) 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 ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, or safety matters. Neither Except as previously disclosed to the Borrower nor any Subsidiary Agent and the Banks in writing, no Loan Party has received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any material violations of any federal, state, state or local environmental, health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, order, directive, claim, citation, or notice by any governmental authority or to the best of such Loan Party’s knowledge any person or entity with respect to (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 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 waste; or (6vii) other environmental, environmental health, or safety matters materially affecting the Borrower such Loan Party or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have No Loan Party has any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Each Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Each Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of each Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the each Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Neither Borrower nor its Subsidiaries have has any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Loan and Security Agreement (Ild Telecommunications Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, . assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the applicable provisions of all applicable federal, state and local environmental, health 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. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters, except to the extent that failure to do so would not have a material adverse effect on its business. Neither the Borrower nor any Subsidiary has not received notice of, or knows of, or suspects and is not otherwise aware of facts which might constitute any material violations of any applicable federal, state, state or local environmental, health, health or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its 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 (during the period of Borrowers ownership or lease thereof) any emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises. There Borrower has been no not received any complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity against or respecting Borrower with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the facilities Borrower nor its Subsidiaries have any has no indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary NFI 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 health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary NFI have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has NFI have received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder with respect to its 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 emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or 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 toxic or hazardous substances or wastes. There To the best knowledge of Borrower and NFI, there has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, health or safety matters materially affecting the Borrower Borrower, NFI or its businesstheir businesses, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledgethe best knowledge of Borrower and NFI, neither the Borrower nor its Subsidiaries have NFI has any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds 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 thereunderEnvironmental Laws. The Borrower and each Subsidiary have has been issued and will maintain all required federalFederal, state, and local permits, licenses, certificates certificates, and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or wastes Hazardous Substances (intended hereby and hereafter to include any and all such materials listed in any federalFederal, state, or local law, code or ordinance ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the The Borrower nor any Subsidiary has not received notice of, or nor knows of, or suspects suspects, facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances and any rules or regulations promulgated thereunder Environmental Laws 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, to the best of Borrower’s knowledge there has been no emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises Mortgaged Premises, of any toxic or hazardous substances or wastes Hazardous Substances at or from the premisesMortgaged Premises; and accordingly the Mortgaged Premises of the Borrower is to the best of Borrower’s knowledge free of all such Hazardous Substances. There has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premisesMortgaged Premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or wasteHazardous Substances; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the The Borrower nor its Subsidiaries have any has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances Hazardous Substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal). Notwithstanding the foregoing or anything in the other Loan Documents, the Lender acknowledges that it is aware of the environmental issues with respect to the Springfield, Massachusetts property as described in the excerpt from the Form 10-K of the Guarantor attached hereto as Schedule 12.16.
Appears in 1 contract
Samples: Loan and Security Agreement (Smith & Wesson Holding Corp)
Environment. The Borrower Company and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower Company and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower Company nor any Subsidiary has received notice of, or knows of, or suspects facts which might constitute of any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the property, leaseholds or other premises of the Company, of any toxic or hazardous substances or wastes at or from the premisesproperty, leaseholds or other premises of the Company; and accordingly property, leaseholds and other premises of the Company and each Subsidiary are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower Company or its businessany Subsidiary or any of their businesses, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither Neither the Borrower Company nor its Subsidiaries have any indebtednessSubsidiary has any Indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Debenture Purchase Agreement (Cover All Technologies Inc)
Environment. The Borrower Company and each Subsidiary it Subsidiaries have duly complied with, and their its businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health 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 (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower Company nor any Subsidiary has received notice of, or nor 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, ; or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Company and its Subsidiaries are free of all such 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 (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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower Company or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither Neither the Borrower Company nor its Subsidiaries have any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal) which is not shown on Schedule 5.1(p).
Appears in 1 contract
Samples: Agreement (Eautoclaims Com Inc)
Environment. The Borrower and 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 Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1a) air emissions; (2b) discharges to surface service water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 or potentially hazardous)wastes; or (6f) 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 and its Subsidiaries' consolidated operations, business or financial condition. Neither the Borrower nor any Subsidiary has of Borrower's Subsidiaries have received notice of, or knows of, or suspects facts which might constitute has actual knowledge of any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances and or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesthereunder. 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 (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface service water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from the premisessuch 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 (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 systems system 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 wastehazardous wastes; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).of
Appears in 1 contract
Environment. The Borrower and 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 Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface service water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 or potentially hazardous)wastes; or (6) 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 Subsidiary has of Borrower's Subsidiaries have received notice of, or knows of, or suspects facts which might constitute has actual knowledge of any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances and or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesthereunder. 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 (1) the air; (2) soils, or any improvements located thereon; (3) surface service water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or hazardous wastes at or from the premises; and accordingly 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, 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 systems system 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 wastehazardous wastes; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilitiesany of Borrower's Subsidiaries. To its knowledge, neither the Neither Borrower nor its any of Borrower's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or not maturedunmatured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wasteswaste, hazardous wastes, or other toxic or hazardous substances (including without limitation any such substances. For purposes of this subsection 4.14, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation, obligation or liability with respect to any current regulationshall be deemed material if, lawand only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or statute regarding such storageliability would have a material adverse effect on Borrower's consolidated operations, treatment, cleanup, business or disposal)financial condition.
Appears in 1 contract
Environment. The Except as disclosed on Schedule 4.15 hereof, the Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) 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 ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, or safety matters. Neither Except as disclosed on Schedule 4.15 hereof, neither the Borrower nor any Subsidiary has received notice of, or nor knows of, or suspects suspects, facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, 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 emission, spill, release, or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing any of the premises of the Borrower and each Subsidiary, of any toxic or hazardous substances or wastes at or from the premisespremises of the Borrower and each Subsidiary; and accordingly all of the premises of the Borrower and each Subsidiary are free of all such toxic or hazardous substances or wastes. There Except as disclosed on Schedule 4.15 hereof, there has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, or safety matters materially affecting the Borrower and each Subsidiary, or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledgeExcept as disclosed on Schedule 4.15 hereof, neither the Borrower nor its Subsidiaries have any Subsidiary has any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the applicable provisions of all applicable federal, state and local environmental, health 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. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters, except to the extent that failure to do so would not have a material adverse effect on its business. Neither the Borrower nor any Subsidiary has not received notice of, or knows of, or suspects and is not otherwise aware of facts which might constitute any material violations of any applicable federal, state, state or local environmental, health, health or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its 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 (during the period of Borrower's ownership or lease thereof) any emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises. There Borrower has been no not received any complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity against or respecting Borrower with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health 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 (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or nor knows of, or suspects suspects, facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such 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 (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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither Neither the Borrower nor its Subsidiaries have any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Borrower and 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 Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1a) air emissions; (2b) discharges to surface service water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 or potentially hazardous)wastes; or (6f) 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 Subsidiary has of Borrower's Subsidiaries have received notice of, or knows of, or suspects facts which might constitute has actual knowledge of any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances and or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesthereunder. 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 (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface service water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from the premisessuch 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 (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 systems system 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 wastehazardous wastes; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilitiesany of Borrower's Subsidiaries. To its knowledge, neither the Neither Borrower nor its any of Borrower's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or not maturedunmatured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wasteswaste, hazardous wastes, or other toxic or hazardous substances (including without limitation any such substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation, obligation or liability with respect to any current regulationshall be deemed material if, lawand only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or statute regarding such storageliability would have a material adverse effect on Borrower's consolidated operations, treatment, cleanup, business or disposal)financial condition.
Appears in 1 contract
Environment. The Each Borrower and each Subsidiary have to the best of its knowledge has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunderthereunder except for incidental incidences of non-compliance of which Borrowers are unaware. The Each Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the No Borrower nor any Subsidiary has received notice of, or knows of, or suspects of facts which might constitute any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with all applicable laws, codes and ordinances and rules and regulations promulgated thereunder, or a valid governmental permit, license, certificate or approval, there has been no emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, order, directive, claim, citation, citation or notice to any Borrower by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).entity
Appears in 1 contract
Environment. The Borrower and each Subsidiary Borrowers have duly complied with, and their businesses----------- business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary Borrowers have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has Borrowers have not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any material violations of any federal, state, state or local environmental, health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrowers are free of all such toxic or hazardous substances or wastes. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower Borrowers or its their business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries Borrowers have any no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Credit Loan Agreement (Aaon Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, ----------- operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower is free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower Piezo and each Subsidiary of its Subsidiaries 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 failure of compliance with which would reasonably be anticipated to result in a Material Adverse Effect. The Borrower Piezo and each Subsidiary of its Subsidiaries have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6f) other environmental, health, health or safety matters. A true, accurate and complete list of all such permits, licenses, certificates and approvals is attached hereto as Schedule 5.15. Neither the Borrower Piezo nor any Subsidiary of its Subsidiaries has received notice of, or knows of facts which constitute any violations 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 and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, 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 emission, spill, release, release or discharge into or upon (1a) the air; (2b) soils, or any improvements located thereon; (3c) surface water or groundwater; or (4d) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly 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 toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6f) other environmental, health, health or safety matters materially affecting the Borrower Piezo, its Subsidiaries or its their respective business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower Neither Piezo nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, obligation or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, 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 a brief description of the business conducted at such location.
Appears in 1 contract
Samples: Loan Agreement (LGL Group Inc)
Environment. The Borrower Each Borrower, Subsidiary and each Subsidiary have Guarantor has duly complied in all material respects with, and their respective businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance in all material respects with, the applicable provisions of all applicable federal, state state, and local environmental, health and safety environmental laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunderthereunder (“Environmental Laws”). The Borrower Each Borrower, Subsidiary and each Subsidiary have 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 (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 Environmental Law as hazardous or potentially hazardous(collectively “Hazardous Materials”); or (6f) other environmental, health, or safety environmental matters. Neither the Borrower nor any A true, accurate, and complete list of all such Environmental Permits is attached hereto as Schedule A to Section 4.15. No Borrower, Subsidiary or Guarantor has received written notice of, or 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 and any rules or regulations promulgated thereunder Environmental Laws with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the knowledge of any Borrower, Subsidiary or Guarantor, 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 emission, spill, release, or discharge (“Release”) into or upon (1a) the air; (2b) soils, or any improvements located thereon; (3c) surface water or groundwater; or (4d) the sewer, septic system or waste treatment, storage or disposal system servicing the premises; and accordingly 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 Hazardous Materials. Borrower has not received any toxic or hazardous substances or wastes at or from the premises. There has been no written complaint, order, directive, claim, citation, or notice of noncompliance by any governmental authority or any person or entity with respect to (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 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 wasteHazardous Materials; or (6vi) other environmentalenvironmental matters affecting any Borrower, health, Subsidiary or safety matters materially affecting the Borrower Guarantor or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledgethe knowledge of any Borrower, neither the Borrower nor its Subsidiaries have Subsidiary or Guarantor, no Borrower, Subsidiary or Guarantor has any indebtedness, obligation or liability, absolute or contingent, matured or not matured, liability with respect to the storage, treatment, cleanup, or disposal of any solid wastesHazardous 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 (including without limitation any wherever located, and a brief description of the business conducted at such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).location. Section 4.16
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, 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 ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any material violations of any federal, state, state or local environmental, health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower is free of all such toxic or hazardous substances or wastes. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Xeta Technologies Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, with and their businessesthe business, operations, assets, equipment, property, leaseholds or other facilities and equipment of the Project are in substantial compliance with, the provisions of all federal, state state, and local environmental, health health, and safety laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have 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 (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) 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 code, or ordinance and all rules and regulations promulgated thereunder as hazardous or 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 (6vii) other environmental, health, or safety matters. Neither the The Borrower nor any Subsidiary has received no notice of, or knows of, or suspects no facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances and any rules or regulations promulgated thereunder with respect to its businessesbusiness, operations, assets, equipment, property, leaseholds, or other facilitiesequipment and the Project. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises Project, of any toxic or hazardous substances or wastes at or from the premisesProject; and accordingly the Project is free of all such 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 Person with respect to (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 systems servicing the premisesProject; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or waste; or (6vi) other environmental, health, or safety matters materially affecting the Borrower or its the Borrower's business, operations, assets, equipment, property, leaseholds, the Project or other facilitiesits use or operation. To its knowledge, neither the The Borrower nor its Subsidiaries have any has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Borrower Piezo and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, propertyProperty, 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 failure of compliance with which would reasonably be anticipated to result in a Material Adverse Effect. The Borrower Piezo and each Subsidiary have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6f) other environmental, health, health or safety matters. A true, accurate and complete list of all such permits, licenses, certificates and approvals is attached hereto as Schedule 5.15. Neither the Borrower Piezo nor any Subsidiary has received notice of, or knows of facts which constitute any violations 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 and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, propertyProperty, leaseholds, 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 emission, spill, release, release or discharge into or upon (1a) the air; (2b) soils, or any improvements located thereon; (3c) surface water or groundwater; or (4d) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly 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 toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6f) other environmental, health, health or safety matters materially affecting the Borrower Piezo or its business, operations, assets, equipment, propertyProperty, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower Neither Piezo nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, obligation or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, 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 a brief description of the business conducted at such location.
Appears in 1 contract
Samples: Loan Agreement (Lynch Corp)
Environment. The Borrower and each Subsidiary and each Guarantor have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health health, and safety laws, codes and ordinances, 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, 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 (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 code, or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or 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 and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesfacilities 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such 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, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or 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, the Subsidiaries and the Guarantors taken as a whole. To its knowledge, neither Neither the Borrower nor its Subsidiaries have any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with 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 a brief description of the business conducted at such location.
Appears in 1 contract
Samples: Revolving Credit Agreement (Carey International Inc)
Environment. The Borrower (a) Tenant covenants, represents and each Subsidiary have duly complied withwarrants (i) that the Demised Premises does not contain and will not contain (A) asbestos in any form; (B) urea formaldehyde foam insulation; (C) transformers or other equipment which contain dielectric fluid containing polychlorinated biphenyls (PCB's); (D) fuel oil, gasoline, other petroleum products or by-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 their businessesLiability Act of 1980, operationsas amended (42 U.S.C. Sections 9601, assets, equipment, property, leaseholds or other facilities are in substantial compliance withet seq.), the provisions of all 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 (the substances described in (A), (B), (C), (D), (E) and local environmental(F) above are referred to collectively herein as "Hazardous Materials"), health (ii) that the Demised Premises and safety lawsany buildings and other improvements and additions previously, codes and ordinancesnow or hereafter located thereon, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary are not now being used nor have ever been issued used and will maintain all required federalnever be used for any activities involving, statedirectly or indirectly, and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storagetreatment, 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 or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or 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 and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic Hazardous Materials whether by Tenant, any prior owner of the Demised Premises or hazardous substances any tenant or wastes at prior tenant of the Demised Premises; (iii) that there has never been any Hazardous Materials Release (as defined below in this section) on, from or from affecting the premises. There has been no complaintDemised Premises; (iv) that none of the Demised Premises, orderany previous owner of the Demised Premises, nor Tenant are subject to any past, existing, pending, or threatened notice, summons, citation, directive, claiminvestigation, citationlitigation, proceeding, inquiry, lien, encumbrance or notice restriction, settlement, remedial, response, cleanup or 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 person tenant or entity with respect prior tenant of the Demised Premises. Tenant does not know and has no reason 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal know of any solid wastesviolation of the foregoing representations, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal)warranties and covenants.
Appears in 1 contract
Samples: Lease Agreement (Access Integrated Technologies Inc)
Environment. The Each Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Each Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the No Borrower nor any Subsidiary has received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, health or safety matters materially affecting the any Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the No Borrower nor its Subsidiaries have has any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and 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 Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface service water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 or potentially hazardous)wastes; or (6) 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 Subsidiary has of Borrower's Subsidiaries have received notice of, or knows of, or suspects facts which might constitute has actual knowledge of any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances and or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesthereunder. 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 (1) the air; (2) soils, or any improvements located thereon; (3) surface service water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or hazardous wastes at or from the premises; and accordingly 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, 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 systems system 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 wastehazardous wastes; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilitiesany of Borrower's Subsidiaries. To its knowledge, neither the Neither Borrower nor its any of Borrower's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or not maturedunmatured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wasteswaste, hazardous wastes, or other toxic or hazardous substances (including without limitation any such substances. For purposes of this subsection 4.13, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation, obligation or liability with respect to any current regulationshall be deemed material if, lawand only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or statute regarding such storageliability would have a material adverse effect on Borrower's consolidated operations, treatment, cleanup, business or disposal)financial condition.
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, 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 ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any material violations of any federal, state, state or local environmental, ,health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, 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, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises, except as expressly permitted by operation of law or permit to discharge; and accordingly the premises of the Borrower is free of all such 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, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower M-TRON and each Subsidiary of its Subsidiaries 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 failure of compliance with which would reasonably be anticipated to result in a Material Adverse Effect. The Borrower M-TRON and each Subsidiary of its Subsidiaries have been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6f) other environmental, health, health or safety matters. A true, accurate and complete list of all such permits, licenses, certificates and approvals is attached hereto as Schedule 4.15. Neither the Borrower M-TRON nor any Subsidiary of its Subsidiaries has received notice of, or knows of facts which constitute any violations of, or suspects facts which might constitute any material violations of any federal, state, state or local 15 environmental, health, health or safety laws, codes or ordinances and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, 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 emission, spill, release, release or discharge into or upon (1a) the air; (2b) soils, or any improvements located thereon; (3c) surface water or groundwater; or (4d) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly 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 toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6f) other environmental, health, health or safety matters materially affecting the Borrower M-TRON, its Subsidiaries or its their respective business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower Neither M-TRON nor any of its Subsidiaries have has any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, obligation or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, 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 a brief description of the business conducted at such location.
Appears in 1 contract
Samples: Loan Agreement (LGL Group Inc)
Environment. The To the knowledge of Borrower, Borrower and each Subsidiary have duly has materially complied with, and their businessesits business, operations, material assets, equipment, property, leaseholds or other facilities are in substantial material compliance with, the provisions of all applicable federal, state and local environmental, health 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 financial condition or its ability to conduct its business in the manner now conducted. The Borrower and each Subsidiary have 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 (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received written notice of, or knows of, or suspects facts which might constitute any material violations of an alleged violation of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises. There To the knowledge of Borrower, there has been no written complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, health or safety matters materially affecting which, individually or in the Borrower aggregate, would have a material adverse effect on Borrower's financial condition or its business, operations, assets, equipment, property, leaseholds, or other facilitiesability to conduct its business in the manner now conducted. To its knowledgethe knowledge of Borrower, neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Each Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health 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. The Each Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters, except where non-issuance or non-maintenance of any of the foregoing would note have a Material Adverse Effect. Neither the Except as disclosed on Schedule 2.1(s), neither Borrower nor any Subsidiary has received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There Except as disclosed on Schedule 2.1(s), there has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries does not have knowledge of any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal), except as disclosed on Schedule 2.1(s) hereto.
Appears in 1 contract
Samples: Loan Agreement (Compass Plastics & Technologies Inc)
Environment. The Borrower and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds or leaseholds, and other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health health, and safety laws, codes 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 (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 code, or ordinance ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or and (6f) other environmental, health, or safety matters. A true, accurate, and complete list of all such permits, licenses, certificates, and approvals is annexed hereto as Exhibit H [omitted]. Neither the Borrower nor any Subsidiary has received notice of, or knows ofof or suspects, or suspects facts which that might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes codes, or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1a) the air; (2b) soils, or any improvements located thereon; (3c) surface water or groundwater; or (4d) the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises of any toxic or hazardous substances or 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 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 (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 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 waste; or (6f) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Neither Borrower nor its Subsidiaries have any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with 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 a brief description of the business conducted at such location.
Appears in 1 contract
Samples: Promissory Note Agreement (Integrated Environmental Technologies, Ltd.)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, ----------- operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, 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 ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any material violations of any federal, state, state or local environmental, health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower is free of all such toxic or hazardous substances or wastes. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their its businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates certificates, and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither matters which are required in order for the Borrower nor to conduct its business. The Borrower warrants that no such permits are outstanding or have been applied for with regard to any Subsidiary of the collateral. The Borrower has not received notice of, or knows nor does it have any knowledge of, or suspects suspect, facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the The Borrower nor its Subsidiaries have any has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Samples: Loan Agreement (Chevy Chase Preferred Capital Corp)
Environment. The Borrower and 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 (a) Comply with all federal, state and local environmental, health and safety laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunder. The issued thereunder except to the extent the failure to do so would not have a material adverse effect on the consolidated operations, business or financial condition of Borrower and each Subsidiary its Subsidiaries; (b) notify the Agent promptly of any notice of a hazardous discharge or environmental complaint received from any Governmental Authority or any other Person (and the Agent shall notify the Lenders promptly following its receipt of any such notice) that, if adversely determined, could have been issued a material adverse effect on the consolidated operations, business or financial condition of Borrower and will maintain 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 required federalapplicable laws; (ii) promptly pay any fine or penalty assessed in connection therewith; (iii) permit the Agent to inspect the premises, stateto conduct tests thereon and to inspect all books, correspondence and records pertaining thereto; and (iv) at the Agent’s request, and local permitsat Borrower’s expense, licensesprovide a report of a qualified environmental engineer, certificates satisfactory in scope, form and approvals relating content to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the useRequired Lenders, generationthat the condition has been corrected, storageNEGATIVE COVENANTS Borrower hereby agrees that, transportationfrom the date hereof and so long as the Commitment remains in effect, 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 or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or knows of, or suspects facts which might constitute any material violations portion of any federalNote or Reimbursement Obligation remains outstanding and unpaid, state, or local environmental, health, or safety laws, codes or ordinances and any rules or regulations promulgated thereunder Facility L/C remains outstanding that is not fully collateralized with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except cash in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release, or discharge into or upon (1) the air; (2) soilsprovision of Section 8 hereof, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewerother amount is owing to Agent, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, order, directive, claim, citation, or notice by any governmental authority LC Issuer or any person or entity with respect to (1) air emissions; (2) spillsLender hereunder, releasesBorrower shall not, or discharges to soils or improvements located thereonnor shall it permit any of its Subsidiaries and, surface waterin the case of subsections 7.1, groundwater or the sewer7.2 and 7.3 hereof, septic system or waste treatment, storage or disposal 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 waste; or (6) other environmental, health, or safety matters materially affecting the permit any M/I Ancillary Business that is wholly owned by Borrower or its businessany Subsidiary to, operations, assets, equipment, property, leaseholds, directly or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).indirectly:
Appears in 1 contract
Samples: Credit Agreement (M I Homes Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, ----------- operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health 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. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters, except to the extent that failure to do so would not have a Material Adverse Effect. Neither the Borrower nor any Subsidiary has not received notice of, or knows of, or suspects facts which might reasonably be deemed to constitute any a material violations violation of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from any premises owned or leased by Borrower in connection with the premisesoperation of its business. There Borrower has been no not received any complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Loan Agreement (Radiant Systems Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, or knows of, or suspects facts which might constitute any material constituteany violations of any federal, state, state or local 6 7 environmental, health, health or safety laws, codes or ordinances ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower Company and each Subsidiary have has duly complied in all material respects with, and their businesses, operations, assets, equipment, equipment property, leaseholds or other facilities are in substantial 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 Borrower Company and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any The Company and each Subsidiary has not received notice of, or 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 and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Company and each Subsidiary, are free of all such 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 (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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower Company and each Subsidiary or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries The Company does not have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Samples: Amended and Restated Credit Agreement (Diamond Management & Technology Consultants, Inc.)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6vi) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Loan Agreement (Metrisa Inc)
Environment. The Borrower and each Subsidiary and each Guarantor have duly complied compiled with, and their businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state state, and local environmental, health health, and safety laws, codes and ordinances, 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, 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 (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 code, or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or 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 and any rules or regulations promulgated thereunder 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 emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such 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, or notice by any governmental authority or any person or entity 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 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or 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, the Subsidiaries and the Guarantors taken as a whole. To its knowledge, neither Neither the Borrower nor its Subsidiaries have any indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with 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 a brief description of the business conducted at such location.
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health 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. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters, except to the extent that failure to do so would not have a material adverse effect on its business. Neither the Borrower nor any Subsidiary has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds 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 thereunderEnvironmental Laws. The Borrower and each Subsidiary have has been issued and will maintain all required federalFederal, state, and local permits, licensesLicenses, certificates certificates, and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 federalFederal, state, or local law, code or ordinance ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the The Borrower nor any Subsidiary has not received notice of, or nor knows of, or suspects suspects, facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances and any rules or regulations promulgated thereunder Environmental Laws 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, to the best of Borrower's knowledge there has been no emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower is to the best of Borrower's knowledge free of all such 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 (1) air emissions; (2) spills, releases, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal 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 waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the The Borrower nor its Subsidiaries have any has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds 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 thereunderEnvironmental Laws. The Borrower and each Subsidiary have has been issued and will maintain all required federalFederal, state, and local permits, licensesLicenses, certificates certificates, and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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 federalFederal, state, or local law, code or ordinance ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the The Borrower nor any Subsidiary has not received notice of, or nor knows of, or suspects suspects, facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances and any rules or regulations promulgated thereunder Environmental Laws 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, to the best of Borrower’s knowledge there has been no emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises Mortgaged Premises, of any toxic or hazardous substances or wastes at or from the premisesMortgaged Premises; and accordingly the Mortgaged Premises of the Borrower is to the best of Borrower’s knowledge free of all such 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 (1) air emissions; (2) spills, releases, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premisesMortgaged Premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the The Borrower nor its Subsidiaries have any has no indebtedness, obligation obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Samples: Loan Agreement (Mestek Inc)
Environment. The Borrower and each Subsidiary have Company has duly complied complied, in all material respects, with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance compliance, in all material respects, with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have Company has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary The Company has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower Company or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries The Company does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Samples: Debenture Purchase Agreement (Environmental Tectonics Corp)
Environment. The To the best knowledge of Borrower, Borrower and each Subsidiary have has duly complied with, and their its businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The To the best knowledge of Borrower, Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates certificates, and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) 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, state or local law, code or ordinance ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or and (6) other environmental, health, health or safety matters. Neither To the best knowledge of Borrower, a true, accurate and complete list of all such permits, licenses, certificates and approvals has been delivered to the Bank and are listed upon Exhibit E attached hereto and made a part hereof. To the best knowledge of Borrower, Borrower nor any Subsidiary has not received notice of, or nor knows of, or suspects suspects, facts which might constitute any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances and ordinances, or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises any Borrower facility, of any toxic or hazardous substances or wastes at or from any Borrower facility; and accordingly, to the premisesbest knowledge of Borrower, the premises of the Borrower are free of all such toxic or hazardous substances or wastes. There Borrower has been received no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 systems servicing the premisesany Borrower facility; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, absolute or contingent, matured or not maturedmatured in excess of $500,000, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, obligation or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have duly complied with, and their businesses, operations, assetsAssets, equipment, property, leaseholds leaseholds, or other facilities are in substantial compliance withcompliance, the provisions of with all federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereundermaterial 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 (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 or potentially hazardous); or (6f) other environmental, health, or safety matters. Neither matters (collectively, the Borrower nor any Subsidiary has received notice of, or 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 and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities“Environmental Permits”). Except in accordance with a valid governmental permitEnvironmental Permit, license, certificate or approvalto the Borrower’s Knowledge, there has been no emission, spill, release, or discharge into or upon (1a) the air; (2b) soils, ; or any improvements located thereon; (3c) surface water or groundwater; or (4d) the sewer, septic system or waste treatment, storage or disposal system servicing any real property, building or other improvement owned or leased by the premises Borrower or any Subsidiary (collectively, the “Premises”) of any toxic or hazardous substances or wastes at or from the premisesPremises; and accordingly, to the Borrower’s Knowledge, the Premises are free of all such toxic or hazardous substances or wastes. There To the Borrower’s Knowledge, there has been no complaint, order, directive, claim, citation, or notice in writing by any governmental authority Governmental Authority or any person or entity with respect to (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 systems servicing the premisesPremises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or waste; or (6f) other environmental, health, or safety matters materially affecting against the Borrower or its business, operations, assetsAssets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Borrower and 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 Borrower's Subsidiaries have been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to (1a) air emissions; (2b) discharges to surface service water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 or potentially hazardous)wastes; or (6f) 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 Subsidiary has of Borrower's Subsidiaries have received notice of, or knows of, or suspects facts which might constitute has actual knowledge of any material violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances and or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesthereunder. 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 (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface service water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from the premisessuch 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 (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 systems system 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 wastehazardous wastes; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilitiesany of Borrower's Subsidiaries. To its knowledge, neither the Neither Borrower nor its any of Borrower's Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or not maturedunmatured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wasteswaste, hazardous wastes, or other toxic or hazardous substances (including without limitation any such substances. For purposes of this Section 4.12, a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation, obligation or liability with respect to any current regulationshall be deemed material if, lawand only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or statute regarding such storageliability, treatmentalone or in the aggregate, cleanupwould have a material adverse effect on Borrower's consolidated operations, business or disposal)financial condition.
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Samples: Credit Agreement (Ashton Houston Residential L.L.C.)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of all federal, state and local environmental, health health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates and approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the The Borrower nor any Subsidiary has not received notice of, or 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 ordinances, and any rules or regulations promulgated thereunder 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 emission, spill, release, release or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (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 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 waste; or (6) other environmental, health, health or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
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