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. 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 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 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. 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 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 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. 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 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 (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 has no 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 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. Except in accordance with a valid governmental permit, license, certificate or approvalTo Borrower’s best 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower is free of all such toxic or hazardous substances or wastes. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation 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 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 (Xeta Technologies 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. Except 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 is 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 has no 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 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. 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 is 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 has no 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 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. 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 is 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 has no 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.)
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. Except in accordance with a valid governmental permit, license, certificate or approvalTo Borrowers' best 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower is 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 has Borrowers have 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
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. 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 is 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 has no 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 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. Except in accordance with a valid governmental permit, license, certificate or approvalTo Borrower's best 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower is free of all such toxic or hazardous substances or wastes. There Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation 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 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
Environment. Borrower Each Borrower, Subsidiary and Guarantor has duly complied in all material respects with, and its businesstheir respective businesses, ----------- operations, assets, equipment, property, leaseholds leaseholds, or other facilities are in compliance in all material respects with, the applicable provisions of all applicable federal, state state, and local environmental, health, and safety environmental laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunderthereunder (“Environmental Laws”). Borrower Each Borrower, Subsidiary and Guarantor has been issued and will maintain all required federal, state and local material permits, licenses, certificates certificates, and approvals required by Environmental Laws (collectively “Environmental Permits”) including those relating to (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 or local law, code or ordinance and all rules and regulations promulgated thereunder Environmental Law as hazardous or potentially hazardous(collectively “Hazardous Materials”); or (vif) other environmental, health or safety environmental matters. Borrower A true, accurate, and complete list of all such Environmental Permits is attached hereto as Schedule A to Section 4.15. No Borrower, Subsidiary or Guarantor has not received written notice of, or knows of, or suspects facts which might constitute any material violations of any federal, state or local environmental, health or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder Environmental Laws with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the knowledge of any Borrower, Subsidiary or Guarantor, except in accordance with a valid governmental permit, license, certificate an Environmental Permit listed in Schedule A to Section 4.15 or approvalat concentrations that would not violate Environmental Laws, there has been no emission, spill, release release, or discharge (“Release”) 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 the premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly except for inventory of raw materials, supplies, work in progress and finished goods that is to be used or sold in the ordinary course of business or de minimis amounts of cleaning or office products or materials used in the construction of the buildings, the premises of each Borrower is and its Subsidiaries are free of all such toxic or hazardous substances or wastesHazardous Materials. There Borrower has been no not received any written complaint, order, directive, claim, citation citation, or notice of noncompliance by any governmental authority or any person or entity with respect to (i) air emissions; (ii) spills, releases or discharges Releases to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation transportation, or disposal of toxic or hazardous substances or wasteHazardous Materials; or (vi) other environmental, health or safety environmental matters affecting Borrower any Borrower, Subsidiary or Guarantor or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Borrower To the knowledge of any Borrower, Subsidiary or Guarantor, no Borrower, Subsidiary or Guarantor has no indebtedness, obligation or any liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup cleanup, or disposal of any solid wastesHazardous Materials which is not shown on Schedule B to Section 4.15. Set forth in Schedule C to Section 4.15 is a list of all real property owned or leased by each Borrower, hazardous wastes Subsidiary or other toxic or hazardous substances (including without limitation any Guarantor, wherever located, and a brief description of the business conducted at such indebtedness, obligation, or liability with respect to any current regulation, law or statute regarding such storage, treatment, cleanup or disposal)location.
Appears in 1 contract
Sources: Credit Agreement (Impath 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. Except in accordance with a valid governmental permit, license, certificate or approvalTo Borrower's best knowledge, there has been no material emission, spill, release release, or discharge into or upon (i1) the air; (ii2) soils, or any improvements located thereon; (iii3) 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 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 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. 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 matters. Borrower has not received notice ofmatters (collectively, 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 facilitiesthe “Environmental Permits”). Except in accordance with a valid governmental permitEnvironmental Permit, license, certificate or approvalto the Borrower’s Knowledge, there has been no emission, spill, release 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 is 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 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
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. 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 is 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 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
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. 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 is 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 has no 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
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. 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 is free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any governmental authority or 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 No Loan Party has no 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
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. Except To the best knowledge of Borrower and NFI, except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release 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 is 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 and NFI, neither Borrower nor NFI has no any indebtedness, obligation or liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup or disposal of any solid wastes, hazardous wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law or statute regarding such storage, treatment, cleanup or disposal).
Appears in 1 contract
Environment. 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. 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 is 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 has no 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. 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. 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 is 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 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).entity
Appears in 1 contract
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. 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 is 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 has no 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 M-TRON and each of its Subsidiaries 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, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, the failure of compliance with which would reasonably be anticipated to result in a Material Adverse Effect. Borrower has M-TRON and each of its Subsidiaries have been issued and will maintain all required federal, state and local permits, licenses, 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 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 or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vif) other environmental, health or safety matters. Borrower A true, accurate and complete list of all such permits, licenses, certificates and approvals is attached hereto as Schedule 4.15. Neither M-TRON nor any of its Subsidiaries has not received notice of, or knows of, or suspects of facts which might constitute any violations of of, any federal, state or local 15 environmental, health or safety laws, codes or ordinances, ordinances and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Except in accordance with a valid governmental permit, license, certificate or approvalapproval listed in Schedule 4.15, there has been no emission, spill, release 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 the premises, premises of any toxic or hazardous substances or wastes at or from the premises; and accordingly except for inventory of raw materials, supplies, work in progress and finished goods listed in Schedule 4.15 that is to be used or sold in the ordinary course of business, the premises of Borrower is M-TRON and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any 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 premises; (iiic) noise emissions; (ivd) solid or liquid waste disposal; (ve) the use, generation, storage, transportation or disposal of toxic or hazardous substances or waste; or (vif) other environmental, health or safety matters affecting Borrower M-TRON, its Subsidiaries or its their respective business, operations, assets, equipment, property, leaseholds or other facilities. Borrower Neither M-TRON nor any of its Subsidiaries has no any indebtedness, 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, obligation or liability with respect to any current regulation, law or statute regarding such storage, treatment, cleanup or disposal)) which is not shown on Schedule 4.15. Set forth in Schedule 4.15 is a list of all real property owned or leased by M-TRON and Subsidiaries at any time since June 30, 1999, wherever located, and a brief description of the business conducted at such location.
Appears in 1 contract
Sources: Loan Agreement (LGL Group 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. 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 is 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 has no 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. 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. 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 is free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any governmental authority or any person or entity with respect to (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 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. 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 is free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation citation, or notice by any governmental authority or 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 No Loan Party has no 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 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. Except In connection with property owned or leased by Borrower, and except in accordance with a valid governmental permit, license, certificate or approval, there has not been no (during the period of Borrowers ownership or lease thereof) any emission, spill, release 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 is 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. facilities Borrower 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
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. Except In connection with property owned or leased by Borrower, and except in accordance with a valid governmental permit, license, certificate or approval, there has not been no (during the period of Borrower's ownership or lease thereof) any emission, spill, release 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 is 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 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
Environment. Except as disclosed on Schedule 4.15 hereof, the Borrower and each Subsidiary 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 and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary has been issued and will maintain all required federal, state 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. Except as disclosed on Schedule 4.15 hereof, 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 businessesbusiness, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate certificate, or approvalapproval issued to the Borrower and each Subsidiary and except as disclosed on Schedule 4.15 hereof, there has been no emission, spill, release 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 any of the premisespremises of the Borrower and each Subsidiary, of any toxic or hazardous substances or wastes at or from the premisespremises of the Borrower and each Subsidiary; and accordingly all of the premises of the Borrower is and each Subsidiary are free of all such toxic or hazardous substances or wastes. There Except as disclosed on Schedule 4.15 hereof, there has been no complaint, order, directive, claim, citation citation, or notice by any governmental authority or 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 (vi) other environmental, health health, or safety matters affecting the Borrower and each Subsidiary, or its business, operations, assets, equipment, property, leaseholds leaseholds, or other facilities. Except as disclosed on Schedule 4.15 hereof, neither the Borrower nor any Subsidiary has no 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
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. 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 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 (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 has no 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. 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. 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 is 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 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 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. 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 is 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 has no 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)