Common use of Environment Clause in Contracts

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i) air emissions; (ii) discharges to surface water or groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) 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 Borrower 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 (i) air emissions; (ii) 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; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower 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

Sources: Loan Agreement (Online Resources & Communications Corp)

Environment. Borrower Each Loan Party has duly complied in all material respects with, and its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in 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. Borrower Each Loan Party has been issued and will maintain all required federal, state state, and local permits, licenses, certificates certificates, and approvals relating to (i) air emissions; (ii) discharges to surface water or groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall 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 (vi) other environmental, health health, or safety matters. Borrower Except as previously disclosed to the Agent and the Banks in writing, no Loan Party has not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any violations of any federal, state or local environmental, health 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 facilities. To Borrower's knowledge, except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) 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 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 to the best of such Loan Party’s knowledge any person or entity with respect to (i) air emissions; (ii) 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; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vivii) other environmentalenvironmental health, health or safety matters affecting Borrower such Loan Party or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Borrower does not have No Loan Party has any indebtedness, obligation 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

Sources: Loan and Security Agreement (Tengasco Inc)

Environment. The Borrower has and each Subsidiary have duly complied with, and its businesstheir businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in 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 has and each Subsidiary have been issued and will maintain all required federal, state state, and local permits, licenses, certificates certificates, and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall 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 (vi6) other environmental, health health, or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, or nor knows of, or suspects suspects, facts which might constitute any 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, or other facilities. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate certificate, or approval, there has been no emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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. There has been no complaint, order, directive, claim, citation citation, or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Neither the Borrower does not nor its Subsidiaries have any indebtedness, obligation 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

Sources: Loan Agreement (Tru Shrimp Companies, Inc.)

Environment. The Borrower has duly complied with, and its businessbusinesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in 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 has been issued and will maintain all required federal, state state, and local permits, licenses, certificates certificates, and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall 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 (vi6) other environmental, health health, or safety mattersmatters which are required in order for the Borrower to conduct its business. The Borrower warrants that no such permits are outstanding or have been applied for with regard to any 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 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, or other facilities. To Borrower's knowledge, except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) 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 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. The Borrower does not have any has no indebtedness, obligation 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

Sources: Loan Agreement (Chevy Chase Preferred Capital Corp)

Environment. Borrower Each Loan Party has duly complied in all material respects with, and its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in 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. Borrower Each Loan Party has been issued and will maintain all required federal, state state, and local permits, licenses, certificates certificates, and approvals relating to (i) air emissions; (ii) discharges to surface water or groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall 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 (vi) other environmental, health health, or safety matters. Borrower Except as previously disclosed to the Lender in writing, no Loan Party has not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any violations of any federal, state or local environmental, health 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 facilities. To Borrower's knowledge, except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) 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 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 to the best of such Loan Party’s knowledge any person or entity with respect to (i) air emissions; (ii) 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; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vivii) other environmentalenvironmental health, health or safety matters affecting Borrower such Loan Party or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Borrower does not have No Loan Party has any indebtedness, obligation 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

Sources: Loan and Security Agreement (Fieldpoint Petroleum Corp)

Environment. Borrower has and NFI have duly complied with, and its businesstheir businesses, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has and NFI have been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i) air emissions; (ii) discharges to surface water or groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. Neither Borrower has not nor NFI have received notice of, or knows of, or suspects facts which might constitute any 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 their businesses, operations, assets, equipment, property, leaseholds, or other facilities. To Borrower's knowledgethe 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 or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) 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, 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 or notice by any governmental authority or any person or entity with respect to (i) air emissions; (ii) 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; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi) other environmental, health or safety matters affecting Borrower Borrower, NFI or its businesstheir businesses, operations, assets, equipment, property, leaseholds or other facilities. To the best knowledge of Borrower does not have and NFI, neither Borrower nor NFI has 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

Sources: Loan Agreement (Monsterdaata Com Inc)

Environment. The Borrower has and each Subsidiary and each Guarantor have duly complied with, and its businesstheir businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in compliance with, the provisions of all federal, state state, and local environmental, 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 has and each Subsidiary have been issued and will maintain all required federal, state 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 (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall intended hereby and hereafter to include any and all such materials listed in any federal, state state, or local law, code code, or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) 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 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 facilitiesfacilities which would have a material adverse impact on the Borrower or any of its Subsidiaries and the Guarantors taken as a whole. To Borrower's knowledge, except 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 (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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; except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. There has been no complaint, order, directive, claim, citation citation, or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds 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. Neither the Borrower does not nor its Subsidiaries have any indebtedness, obligation 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). 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

Sources: Revolving Credit Agreement (Carey International Inc)

Environment. Borrower has duly complied with, and its business, ----------- operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in 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. Borrower has been issued and will maintain all required federal, state state, and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of or toxic or hazardous substances or wastes (which shall 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 (vi6) other environmental, health or safety matters. Borrower has not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any violations of any federal, state or local environmental, health 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 facilities. To Borrower's best 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 (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 are 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 citation, or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Borrower does not have any has no indebtedness, obligation obligation, or liability (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 law, or statute regarding such storage, treatment, cleanup or disposal).

Appears in 1 contract

Sources: Credit Agreement (Sheffield Steel Corp)

Environment. Borrower has duly complied with, and its business, ----------- operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a Material Adverse Effect. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters, except to the extent that failure to do so would not have a Material Adverse Effect. Borrower has not received notice of, or knows of, or suspects facts which might reasonably be deemed to constitute any violations a material violation 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. To the knowledge of Borrower's knowledge, except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 any premises owned or leased by Borrower in connection with the premises; and accordingly the premises operation of its business. Borrower are free of all such toxic or hazardous substances or wastes. There has been no not received any complaint, order, directive, claim, citation or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower does not have any has no 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

Sources: Loan Agreement (Radiant Systems Inc)

Environment. Borrower has duly complied with, and its business, ----------- operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i) air emissions; (ii) discharges to surface water or groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) 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 Borrower are 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 with respect to (i) air emissions; (ii) 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; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower does not have any has no 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

Sources: Loan and Security Agreement (Act Teleconferencing Inc)

Environment. The Borrower has duly complied with, and its businesstheir businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunderEnvironmental Laws. The Borrower has been issued and will maintain all required federalFederal, state state, and local permits, licensesLicenses, certificates certificates, and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall intended hereby and hereafter to include any and all such materials listed in any federalFederal, state state, or local law, code or ordinance ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health health, or safety matters. The Borrower has not received notice of, or nor knows of, or suspects suspects, facts which might constitute any 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. To Borrower's knowledge, except 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 release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) the sewer, septic system or waste treatment, storage or disposal system servicing the premisesMortgaged Premises, of any toxic or hazardous substances or wastes at or from the premisesMortgaged Premises; and accordingly the premises Mortgaged Premises of the Borrower are 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 citation, or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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 premisesMortgaged Premises; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. The Borrower does not have any has no indebtedness, obligation 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

Sources: Loan Agreement (Mestek Inc)

Environment. Borrower The Company has duly complied complied, in all material respects, with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance compliance, in all material respects, with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower The Company has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters. Borrower The Company has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower the Company or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower 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

Sources: Debenture Purchase Agreement (Environmental Tectonics Corp)

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i) air emissions; (ii) discharges to surface water or groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except 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 (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) 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 Borrower 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 (i) air emissions; (ii) 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; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower 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

Sources: Loan Agreement (Metrisa Inc)

Environment. Borrower The Company has duly complied in all material respects with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, in all material respects with the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower The Company has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters. Borrower The Company has not received notice of, or knows of, or suspects facts which might constitute any violations a material violation 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower the Company or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower 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

Sources: Preferred Stock Purchase Agreement (Environmental Tectonics Corp)

Environment. The Borrower has and each Subsidiary have duly complied with, and its businesstheir businesses, operations, assetsAssets, equipment, property, leaseholds leaseholds, or other facilities are in compliance withcompliance, the provisions of with all federal, state material Environmental Requirements. The Borrower and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has each Subsidiary have been issued and will maintain in all material respects all required federal, state state, and local permits, licenses, certificates certificates, and approvals relating to (ia) air emissions; (iib) discharges to surface water or groundwater; (iiic) noise emissions; (ivd) solid or liquid waste disposal; (ve) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall 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 (vif) other environmental, health health, or safety mattersmatters (collectively, the “Environmental Permits”). Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except Except in accordance with a valid governmental permitEnvironmental Permit, license, certificate or approvalto the Borrower’s Knowledge, there has been no emission, spill, release release, or discharge into or upon (ia) the air; (iib) soils, ; or any improvements located thereon; (iiic) surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system servicing any real property, building or other improvement owned or leased by the premisesBorrower or any Subsidiary (collectively, the “Premises”) of any toxic or hazardous substances or wastes at or from the premisesPremises; and accordingly accordingly, to the premises of Borrower 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 citation, or notice in writing by any governmental authority Governmental Authority or any person or entity with respect to (ia) air emissions; (iib) 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 premisesPremises; (iiic) noise emissions; (ivd) solid or liquid waste disposal; (ve) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vif) other environmental, health health, or safety matters affecting against the Borrower or its business, operations, assetsAssets, equipment, property, leaseholds leaseholds, or other facilities. Borrower 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

Sources: Revolving Credit Agreement (Landmark Bancorp Inc)

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters. Borrower has not received notice of, or knows of, or suspects facts which might constitute any constituteany violations of any federal, state or local 6 7 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower 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

Sources: Loan Agreement (Merge Technologies Inc)

Environment. The Borrower has and each Subsidiary and each Guarantor have duly complied compiled with, and its businesstheir businesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in compliance with, the provisions of all federal, state state, and local environmental, 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 has and each Subsidiary have been issued and will maintain all required federal, state 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 (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall intended hereby and hereafter to include any and all such materials listed in any federal, state state, or local law, code code, or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) 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 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. To Borrower's knowledge, except 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 (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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; except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. There has been no complaint, order, directive, claim, citation citation, or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds 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. Neither the Borrower does not nor its Subsidiaries have any indebtedness, obligation 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). 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

Sources: Revolving Credit and Term Loan Agreement (Carey International Inc)

Environment. Each Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Each Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters. Neither Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 each Borrower 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting each Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Neither Borrower does not have has 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

Sources: Loan and Security Agreement (Ild Telecommunications Inc)

Environment. Borrower has Borrowers have duly complied with, and its their ----------- business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in 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. Borrower has Borrowers have been issued and will maintain all required federal, state state, and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall 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 (vi6) other environmental, health or safety matters. Borrower has Borrowers have not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any violations of any federal, state or local environmental, health 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 facilities. To Borrower's Borrowers' best 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 (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower 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 citation, or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting Borrower Borrowers or its their business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Borrower does not Borrowers have any no indebtedness, obligation obligation, or liability (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 law, or statute regarding such storage, treatment, cleanup or disposal).

Appears in 1 contract

Sources: Revolving Credit Loan Agreement (Aaon Inc)

Environment. Each Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Each Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i) air emissions; (ii) discharges to surface water or groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. No Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i) the air; (ii) soils, or any improvements located thereon; (iii) surface water or groundwater; or (iv) 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 Borrower 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 (i) air emissions; (ii) 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; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi) other environmental, health or safety matters affecting any Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. No Borrower does not have has 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

Sources: Loan Agreement (Imtek Office Solutions Inc)

Environment. Borrower The Company and each Subsidiary has duly complied in all material respects with, and its businesstheir businesses, operations, assets, equipment, equipment property, leaseholds or other facilities are in 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. Borrower The Company and each Subsidiary has been issued and will maintain all required federal, state state, and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall 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 (vi6) other environmental, health health, or safety matters. Borrower The Company and each Subsidiary has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except 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 (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting Borrower the Company and each Subsidiary or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Borrower 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

Sources: Credit Agreement (Diamond Management & Technology Consultants, Inc.)

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters. Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower 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

Sources: Loan Agreement (Horizon Medical Products Inc)

Environment. Each Borrower to the best of its knowledge has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunderthereunder except for incidental incidences of non-compliance of which Borrowers are unaware. Each Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters. No Borrower has not received notice of, or knows of, or suspects of facts which might constitute any 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. To Borrower's knowledge, except 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 or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice to any Borrower by any governmental authority or any person or entity with respect to (i) air emissions; (ii) 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; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower 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).entity

Appears in 1 contract

Sources: Loan Agreement (Educational Medical Inc)

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the applicable provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to so comply would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower 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 or local environmental, health or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its Borrower's businesses, operations, assets, equipment, property, leaseholds, or other facilities. To In connection with property owned or leased by Borrower's knowledge, 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 or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 . Borrower are free of all such toxic or hazardous substances or wastes. There has been no not received any complaint, order, directive, claim, citation or notice by any governmental authority or any person or entity against or respecting Borrower with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower does not have any has no 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

Sources: Loan Agreement (Factory Card Outlet Corp)

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance in all material respects with, the provisions of all applicable federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters. Borrower 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 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower are free of all any material amount of 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilitiesfacilities in any material respect. The representations in the preceding two sentences are made to the best of Borrower's knowledge, information and belief, with no special diligence in preparation for the execution of this Agreement; provided, however, should any of such representations prove false in any material respect as to impose a material liability upon Borrower, the representation shall be deemed breached for the purpose of establishing a default under this Agreement. Borrower 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

Sources: Loan Agreement (American Consolidated Laboratories Inc)

Environment. Borrower has The Company and it Subsidiaries have duly complied with, and its businessbusinesses, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in 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. Borrower Neither the Company nor any Subsidiary has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i) air emissions; (ii) discharges to surface water or groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. Borrower has not received notice of, or nor knows of, or suspects facts which might constitute any 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, or other facilities. To Borrower's knowledge, except 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 release, or discharge into or upon (i1) the air; (ii2) soils, ; or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 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 citation, or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting Borrower the Company or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Borrower does not Neither the Company nor its Subsidiaries have any indebtedness, obligation 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 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) which is not shown on Schedule 5.1(p).

Appears in 1 contract

Sources: Securities Purchase Agreement (Eautoclaims Com Inc)

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health 9 or safety matters, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate or approval, there Borrower has been made no emission, spill, release or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower 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 to Borrower or with respect to which Borrower is an interested party with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Except with respect to normal office refuse and routine cleaning materials, Borrower does not have any has no 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

Sources: Loan Agreement (Paysys International Inc)

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with, the provisions of all federal, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi6) other environmental, health or safety matters, except to the extent that failure to do so would not have a material adverse effect on its business. Borrower has not received notice of, or knows of, or suspects facts which might constitute any 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. To Borrower's knowledge, except 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 or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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 Borrower 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 (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower does not have any has no 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

Sources: Loan Agreement (Data National Corp)

Environment. Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in 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. Borrower has been issued and will maintain all required federal, state state, and local permits, licenses, certificates and approvals relating to (i1) air emissions; (ii2) discharges to surface water or groundwater; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation or disposal of or toxic or hazardous substances or wastes (which shall 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 (vi6) other environmental, health or safety matters. Borrower has not received notice of, nor to its best knowledge knows of or knows ofsuspects, or suspects facts which might constitute any violations of any federal, state or local environmental,health, 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 facilities. To Borrower's best knowledge, except in accordance with a valid governmental permit, license, certificate or approval, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) surface water or groundwater; or (iv4) 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, except as expressly permitted by operation of law or permit to discharge; and accordingly the premises of the Borrower are 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 citation, or notice by any governmental authority or any person or entity with respect to (i1) air emissions; (ii2) 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; (iii3) noise emissions; (iv4) solid or liquid waste disposal; (v5) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vi6) other environmental, health health, or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Borrower does not have any has no indebtedness, obligation obligation, or liability (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 law, or statute regarding such storage, treatment, cleanup or disposal).

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Kinark Corp)

Environment. Borrower has and each Subsidiary have duly complied with, and its businesstheir businesses, operations, assets, equipment, property, leaseholds or leaseholds, and other facilities are in compliance with, the provisions of all federal, state state, and local environmental, health, and safety laws, codes codes, and ordinances, and all rules and regulations promulgated thereunder. Borrower has and each Subsidiary have been issued and will maintain all required federal, state state, and local permits, licenses, certificates certificates, and approvals relating to (ia) air emissions; (iib) discharges to surface water or groundwater; (iiic) noise emissions; (ivd) solid or liquid waste disposal; (ve) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wastes (which shall intended hereby and hereafter to include any and all such materials listed in any federal, state state, or local law, code code, or ordinance ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or and (vif) other environmental, health 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 Borrower nor any Subsidiary has not received notice of, or knows ofof or suspects, or suspects facts which that might constitute any violations of any federal, state state, or local environmental, health health, or safety laws, codes codes, or ordinances, and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. To Borrower's knowledge, except Except in accordance with a valid governmental permit, license, certificate certificate, or approvalapproval listed in Exhibit H, there has been no emission, spill, release release, or discharge into or upon (ia) the air; (iib) soils, or any improvements located thereon; (iiic) surface water or groundwater; or (ivd) the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises, 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 accordingly 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 Borrower 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 (ia) air emissions; (iib) 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; (iiic) noise emissions; (ivd) solid or liquid waste disposal; (ve) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or waste; or (vif) other environmental, health health, or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Neither Borrower does not nor its Subsidiaries have any indebtedness, obligation 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)) 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

Sources: Promissory Note Agreement (Integrated Environmental Technologies, Ltd.)