Common use of Environmental and Safety and Health Matters Clause in Contracts

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower.

Appears in 4 contracts

Samples: Credit Agreement (Staffmark Inc), Credit Agreement (Staffmark Inc), Credit Agreement (Staffmark Inc)

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Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.17 attached hereto: (ia) the operations of the Borrower Company and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation of or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (iib) none of the operations of the Borrower Company or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against the Company or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iiic) none of the operations of the Borrower Company or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of owned, leased or operated by the Borrower Company or such Subsidiary of Subsidiary, which, if determined adversely to the BorrowerCompany or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (ivd) neither the Borrower Company nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (Bii) any unsafe or unhealthful condition at any premises of owned, leased or operated by the Borrower Company or such Subsidiary of the BorrowerSubsidiary; and (ve) neither the Borrower Company nor any Subsidiary of the Borrower has any known material contingent liability in connection with (Ai) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (Bii) any unsafe or unhealthful condition at any premises of owned, leased or operated by the Borrower Company or such Subsidiary of the BorrowerSubsidiary.

Appears in 2 contracts

Samples: Loan Agreement (Labarge Inc), Loan Agreement (Labarge Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.17 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of owned, leased or operated by Borrower or such Subsidiary, which, if determined adversely to the Borrower or such Subsidiary of the BorrowerSubsidiary, could reasonably be expected to have a Material Adverse Effect; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (B) any unsafe or unhealthful condition at any premises of owned, leased or operated by the Borrower or such Subsidiary of the BorrowerSubsidiary; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known material contingent liability in connection with (A) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 2 contracts

Samples: Loan Agreement (Schiff Nutrition International, Inc.), Loan Agreement (Schiff Nutrition International, Inc.)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto4.25: (ia) the operations of the Borrower and each Subsidiary of the Borrower comply Subsidiaries complies in all respects with (Ai) all applicable Environmental Laws Laws, and (Bii) all applicable Occupational Safety and Health Laws; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iiic) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (Ai) any a spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance, or (Bii) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerany Subsidiary; (ivd) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Occupation Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance or (Bii) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerany Subsidiary; and (ve) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (Ai) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance substance, or (Bii) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerany Subsidiary.

Appears in 2 contracts

Samples: Credit and Security Agreement (Primegg LTD), Credit and Security Agreement (Premiumwear Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 3.17 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against Borrower or Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or any Subsidiary, which, if determined adversely to Borrower or such Subsidiary of the BorrowerSubsidiary, could reasonably be expected to have a Material Adverse Effect; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the Borrowerany Subsidiary; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known material contingent liability in connection with (A) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Accentia Biopharmaceuticals Inc), Revolving Credit Agreement (Accentia Biopharmaceuticals Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 7.16 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply in all respects with (A) all applicable lawfully promulgated, enacted, entered or finalized Environmental Laws and (B) all applicable lawfully promulgated, enacted, entered or finalized Occupational Safety and Health Laws, which the failure to comply with could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if adversely determined, could reasonably be expected to have a Material Adverse Effect; (iii) to Borrower's actual knowledge, none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any material federal or state investigation evaluating whether any remedial action is needed to respond to any unsafe or unhealthful condition at any premises of Borrower or such Subsidiary; (iv) neither Borrower nor any Subsidiary has filed any notice under any Environmental Law or Occupational Safety and Health Law (pertaining to a matter which has not been resolved) reporting (A) any past or present spillage, disposal or release Release into the environment of of, or treatment, storage or disposal of, any Hazardous Material Substance or any other hazardous, toxic or dangerous waste, substance or constituent or other substancesubstance which could reasonably be expected to have a Material Adverse Effect, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerwhich could reasonably be expected to have a Material Adverse Effect; and (ivv) neither the Borrower nor any Subsidiary of the Borrower has filed to its actual knowledge any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting contingent liability which could reasonably be expected to have a Material Adverse Effect in connection with (A) any past or present spillage, disposal or release Release into the environment of, or treatment, storage or disposal ofotherwise with respect to, any Hazardous Material Substances or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful environmental condition at any premises of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Halter Marine Group Inc), Revolving Credit Agreement (Halter Marine Group Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.1(r) attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any judicial, governmental, regulatory or administrative proceeding is alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerany Subsidiary; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerany Subsidiary; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerany Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Shoe Carnival Inc), Credit Agreement (Shoe Carnival Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 3.17 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against Borrower, could reasonably be expected to have a Material Adverse Effect; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower, which, if determined adversely to Borrower or such Subsidiary of the Borrowercould reasonably be expected to have a Material Adverse Effect; (iv) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (B) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known no material contingent liability in connection with (A) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (B) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Accentia Biopharmaceuticals Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.17 attached hereto, as of the date of this Agreement: (ia) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which would reasonably be expected to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health LawLaw as to which there exists a substantial likelihood of an adverse determination, which determination would reasonably be expected to have a Material Adverse Effect; (iiic) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises owned, leased or operated by Borrower as to which there exists a substantial likelihood of the Borrower or such Subsidiary of the Borroweran adverse determination which determination would reasonably be expected to have a Material Adverse Effect; (ivd) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice which reasonably would be expected to have a Material Adverse Effect under any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (Bii) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower; and (ve) neither the Borrower nor does not have any Subsidiary of the Borrower has any known material contingent liability in connection with (Ai) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (Bii) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower.

Appears in 1 contract

Samples: Term Loan Agreement (Hennessy Advisors Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 7.16 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply in all material respects with (A) all applicable lawfully promulgated, enacted, entered or finalized Environmental Laws and (B) all applicable lawfully promulgated, enacted, entered or finalized Occupational Safety and Health Laws, which the failure to comply with could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if adversely determined, could reasonably be expected to have a Material Adverse Effect; (iii) to Borrower's actual knowledge, none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any material federal or state investigation evaluating whether any remedial action is needed to respond to any unsafe or unhealthful condition at any premises of Borrower or such Subsidiary; (iv) neither Borrower nor any Subsidiary has filed any notice under any Environmental Law or Occupational Safety and Health Law (pertaining to a matter which has not been resolved) reporting (A) any past or present spillage, disposal or release Release into the environment of of, or treatment, storage or disposal of, any Hazardous Material Substance or any other hazardous, toxic or dangerous waste, substance or constituent or other substancesubstance which could reasonably be expected to have a Material Adverse Effect, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerwhich could reasonably be expected to have a Material Adverse Effect; and (ivv) neither the Borrower nor any Subsidiary of the Borrower has filed to its actual knowledge any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting contingent liability which could reasonably be expected to have a Material Adverse Effect in connection with (A) any past or present spillage, disposal or release Release into the environment of, or treatment, storage or disposal ofotherwise with respect to, any Hazardous Material Substances or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful environmental condition at any premises of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 1 contract

Samples: Revolving Credit Agreement (Superior Energy Services Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.17 attached hereto, as of the date of this Agreement: (ia) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which would reasonably be expected to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health LawLaw as to which there exists a substantial likelihood of an adverse determination which determination would reasonably be expected to have a Material Adverse Effect; (iiic) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises owned, leased or operated by Borrower as to which there exists a substantial likelihood of the Borrower or such Subsidiary of the Borroweran adverse determination which determination would reasonably be expected to have a Material Adverse Effect; (ivd) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice which reasonably would be expected to have a Material Adverse Effect under any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (Bii) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower; and (ve) neither the Borrower nor does not have any Subsidiary of the Borrower has any known material contingent liability in connection with (Ai) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (Bii) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Hennessy Advisors Inc)

Environmental and Safety and Health Matters. Except as disclosed on ------------------------------------------- Schedule 6.14 4.17 attached hereto: (ia) the operations of each of the Borrower Borrowers and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (iib) none of the operations of the any Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against any Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iiic) none of the operations of any of the Borrower Borrowers or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by such Borrower or such Subsidiary Subsidiary, which, if determined adversely to any Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (d) none of the Borrower; (iv) neither the Borrower Borrowers nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (Bii) any unsafe or unhealthful condition at any premises of the owned, leased or operated by such Borrower or such Subsidiary of the BorrowerSubsidiary; and (ve) neither none of the Borrower Borrowers nor any Subsidiary of the Borrower has any known material contingent liability in connection with (Ai) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (Bii) any unsafe or unhealthful condition at any premises of the owned, leased or operated by such Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 1 contract

Samples: Loan Agreement (Amrep Corp)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 7.16 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply in all respects with (A) all applicable lawfully promulgated, enacted, entered or finalized Environmental Laws and (B) all applicable lawfully promulgated, enacted, entered or finalized Occupational Safety and Health Laws, which the failure to comply with could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which could reasonably be expected to have a Material Adverse Effect; (iii) to Borrower's actual knowledge, none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any material federal or state investigation evaluating whether any remedial action is needed to respond to any unsafe or unhealthful condition at any premises of Borrower or such Subsidiary; (iv) neither Borrower nor any Subsidiary has filed any notice under any Environmental Law or Occupational Safety and Health Law (pertaining to a matter which has not been resolved) reporting (A) any past or present spillage, disposal or release Release into the environment of of, or treatment, storage or disposal of, any Hazardous Material Substance or any other hazardous, toxic or dangerous waste, substance or constituent or other substancesubstance which could reasonably be expected to have a Material Adverse Effect, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerwhich could reasonably be expected to have a Material Adverse Effect; and (ivv) neither the Borrower nor any Subsidiary of the Borrower has filed to its actual knowledge any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting contingent liability which could reasonably be expected to have a Material Adverse Effect in connection with (A) any past or present spillage, disposal or release Release into the environment of, or treatment, storage or disposal ofotherwise with respect to, any Hazardous Material Substances or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful environmental condition at any premises of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 1 contract

Samples: Revolving Credit Agreement (Halter Marine Group Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto: SCHEDULE 4.25, each Company and/or each property, operations and facility that such Company owns, operates or controls (a) complies in all respects with (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws Laws, except for those laws with respect to which the failure to comply is not reasonably likely to have a Material Adverse Effect and (Bii) all applicable Occupational Safety and Health Laws, except for those laws with respect to which the failure to comply is not reasonably likely to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is not subject to any judicial, governmental, regulatory pending judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law which is reasonably likely to have a Material Adverse Effect; (c) has not received any notice (i) that it may be in violation of any Environmental Law or Occupational Safety and Health Law; , (ii) threatening the commencement of any proceeding relating to allegedly unlawful, unsafe or unhealthy conditions, or (iii) none of the operations of the Borrower alleging that it is or may be responsible for any Subsidiary of the Borrower is the subject of any federal response, cleanup, or state investigation evaluating whether corrective action, including but not limited to any remedial action is needed to respond to (A) any spillageinvestigation/feasibility studies, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law that in the case of any of (i), (ii) or (iii) is reasonably likely to have a Material Adverse Effect; (d) is not the subject of any pending federal or state investigation that is reasonably likely to have a Material Adverse Effect evaluating whether any investigation, remedial action or other response is needed to respond to (i) a Release or threatened Release into the environment of any Hazardous Material or (ii) any allegedly unsafe or unhealthful condition; (e) has not filed any notice under or relating to any Environmental Law or Occupational Safety and Health Law that is reasonably likely to have a Material Adverse Effect indicating or reporting (Ai) any past or present spillage, disposal or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (Bii) any potentially unsafe or unhealthful condition at any premises condition, and, to the best of the Borrower or Borrower's knowledge, there exists no reasonable basis for such Subsidiary notice irrespective of the Borrowerwhether such notice was actually filed; and (vf) neither the Borrower nor any Subsidiary of the Borrower has any known no contingent liability that is reasonably likely to have a Material Adverse Effect in connection with (Ai) any spillage, disposal actual or release potential Release into the environment of, or otherwise with respect to, any Hazardous Material Material, whether on any premises owned or occupied by such Company or, to the best of Borrower's knowledge, on any other hazardous, toxic or dangerous waste, substance or constituent or other substance premises or (Bii) any unsafe or unhealthful condition at condition. Except as disclosed on SCHEDULE 4.25, there are no Hazardous Materials on, in or under any premises property or facilities owned, operated or controlled by any Company, including but not limited to such Hazardous Materials that may be contained in underground storage tanks, except those Hazardous Materials necessary for the operation of a Company's business that are used in compliance with all applicable Environmental Laws, except for those laws with respect to which the Borrower or such Subsidiary of the Borrowerfailure to comply is not reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Unifrax Investment Corp)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 6.17 attached hereto: (i) the operations of each of the Borrower Borrowers and each Subsidiary of any of the Borrower Borrowers comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of any of the Borrower Borrowers or any Subsidiary of any of the Borrower is Borrowers are subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of any of the Borrower Borrowers or any Subsidiary of any of the Borrower Borrowers is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of any of the Borrower Borrowers or such Subsidiary of any of the BorrowerBorrowers; (iv) neither none of the Borrower Borrowers nor any Subsidiary of any of the Borrower Borrowers has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the any such Borrower or such Subsidiary of the any such Borrower; and (v) neither the Borrower nor any Subsidiary none of the Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower.Borrowers nor any

Appears in 1 contract

Samples: Credit Agreement (Agri Nutrition Group LTD)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto4.25: (ia) the operations of the each Borrower and each Subsidiary of the Borrower comply Subsidiaries complies in all material respects with (Ai) all applicable Environmental Laws Laws, and (Bii) all applicable Occupational Safety and Health Laws; (iib) none of the operations of the any Borrower or any Subsidiary of the Borrower is are subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iiic) none of the operations of the any Borrower or any Subsidiary of the Borrower is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (Ai) any a spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance, or (Bii) any unsafe or unhealthful condition at any premises of the any Borrower or such Subsidiary of the Borrowerany Subsidiary; (ivd) neither the no Borrower nor or any Subsidiary of the Borrower has received or filed any notice under any Environmental Law or Occupational Occupation Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance or (Bii) any unsafe or unhealthful condition at any premises of the any Borrower or such Subsidiary of the Borrowerany Subsidiary; and (ve) neither the no Borrower nor or any Subsidiary of the Borrower has any known contingent liability in connection with (Ai) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance substance, or (Bii) any unsafe or unhealthful condition at any premises of the any Borrower or any Subsidiary; and (f) each Borrower and each Subsidiary has secured and is maintaining all necessary permits, licenses and approvals necessary under any Environmental Law to such Subsidiary of the Borrower's or such Subsidiary's business.

Appears in 1 contract

Samples: Credit and Security Agreement (Simon Transportation Services Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached heretohereto or where such matter will not have a material adverse effect on the Borrower: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Shaw Group Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 6.17 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply in all material respects with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Agri Nutrition Group LTD)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto: (i) the operations of the 4.25, each Borrower and each Subsidiary of the Designated Subsidiaries and/or each property, operations and facility that either Borrower comply or any Designated Subsidiary owns, operates or controls (a) complies in all respects with (Ai) all applicable Environmental Laws Laws, except for those laws the failure with which to comply is not reasonably likely to have a Material Adverse Effect and (Bii) all applicable Occupational Safety and Health Laws, except for those laws the failure with which to comply is not reasonably likely to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is not subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law which is reasonably likely to have a Material Adverse Effect; (c) has not received any notice (i) that it may be in violation of any Environmental Law or Occupational Safety and Health Law which is reasonably likely to have a Material Adverse Effect, (ii) threatening the commencement of any proceeding under Environmental Law or Occupational Safety and Health Law; , which is reasonably likely to have a Material Adverse Effect, or (iii) none alleging that it is or may be responsible for any response, cleanup, or corrective action, including but not limited to any remedial investigation/feasibility studies, under any Environmental Law or Occupational Safety and Health Law, which, is reasonably likely to have a Material Adverse Effect; (d) to the knowledge of the operations of the Borrower or any Subsidiary of the Borrower each Borrower, is not the subject of any federal federal, state or state provincial investigation evaluating whether any investigation, remedial action or other response is needed to respond to (Ai) a Release or threatened Release of any Hazardous Material or the spillage, disposal or release or threatened release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance, substance regulated under Environmental Law which is reasonably likely to have a Material Adverse Effect or (Bii) any allegedly unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerregulated under Environmental Law which is reasonably likely to have a Material Adverse Effect; and (ive) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice under or relating to any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal or release into the environment Release of, or treatment, storage or disposal of, any Hazardous Material or spillage, disposal or release into the environment of any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance regulated under Environmental Law or (Bii) any unsafe or unhealthful condition at condition, in either case, which is reasonably likely to have a Material Adverse Effect. Except as disclosed on Schedule 4.25, there are no Hazardous Materials on, in or under any premises property or facilities owned, operated or controlled by either Borrower or any Designated Subsidiary the presence of which is reasonably likely to have a Material Adverse Effect, including but not limited to such Hazardous Materials that may be contained in underground storage tanks, but excepting such Hazardous Materials used, produced or otherwise present in accordance with all applicable laws and such Hazardous Materials used in the same manner as an ordinary consumer (e.g., gasoline in tanks of motor vehicles, small amounts of cosmetic cleaners, etc.) in the business of each Borrower and the Designated Subsidiaries. Except with respect to the termination of its term on April 12, 1999, to the best of the Borrower or such Subsidiary knowledge of PAAC, the Borrower; ZENECA Indemnity remains in full force and (v) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability effect in connection accordance with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerits terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer Companies Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached heretoSCHEDULE 4.25: (ia) the operations of the Borrower and each Subsidiary of the Borrower comply Subsidiaries complies in all respects with (Ai) all applicable Environmental Laws Laws, and (Bii) all applicable Occupational Safety and Health Laws; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iiic) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (Ai) any a spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance, or (Bii) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerany Subsidiary; (ivd) neither the Borrower nor any Subsidiary of the Borrower has received or filed any notice under any Environmental Law or Occupational Occupation Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance or (Bii) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerany Subsidiary; and (ve) neither the Borrower nor any Subsidiary of the Borrower has any known contingent liability in connection with (Ai) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance substance, or (Bii) any unsafe or unhealthful condition at any premises of the Borrower or any Subsidiary; and (f) Borrower and each Subsidiary has secured and is maintaining all necessary permits, licenses and approvals necessary under any Environmental Law to Borrower's or such Subsidiary of the BorrowerSubsidiary's business.

Appears in 1 contract

Samples: Credit and Security Agreement (Lifecore Biomedical Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto: 9.17, the Company and each of its Subsidiaries and each property, operation and facility that the Company or any Subsidiary may own, operate or control (a) complies in all material respects with (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (Bii) all applicable Occupational Safety and Health Laws; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is not subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (c) has not received any notice (i) that it may be in violation of any Environmental Law or Occupational Safety and Health Law, or (ii) threatening the commencement of any proceeding relating to allegedly unlawful, unsafe or unhealthy conditions or (iii) none of the operations of the Borrower alleging that it is or may be responsible for any Subsidiary of the Borrower response, cleanup, or corrective action, including any remedial investigation/feasibility study, under any Environmental Law or Occupational Safety and Health Law; (d) has not received any notice that it is the subject of any federal or state State investigation evaluating whether any investigation, remedial action or other response is needed to respond to (Ai) any a spillage, disposal or release or threatened release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substanceRegulated Material, or (Bii) any unsafe or unhealthful condition at alleged violation of any premises of the Borrower or such Subsidiary of the BorrowerOccupational Safety and Health Law; (ive) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice under or relating to any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal or release (other than permitted releases) into the environment of, or treatment, storage or disposal ofof (other than permitted releases), any Hazardous Regulated Material or in excess of quantities requiring notification under any other hazardousEnvironmental Law, toxic or dangerous waste, substance or constituent or other substance or (Bii) any unsafe or unhealthful condition at violation of any premises Occupational Safety and Health Law and (f) to the best knowledge of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower Company has any known no material contingent liability in connection with (Ai) any actual or potential spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material Regulated Material, whether on any premises owned or occupied by the Company or any Subsidiary or on any other hazardous, toxic or dangerous waste, substance or constituent or other substance premises or (Bii) any unsafe or unhealthful condition at condition. Except as disclosed on Schedule 9.17, there are no Regulated Materials on, in or under any premises property or facilities, owned, operated or controlled by the Company or any Subsidiary (except Regulated Materials used in the ordinary course of the Borrower or such Subsidiary business of the BorrowerCompany and its Subsidiaries and used, stored, handled, treated and disposed of in all material respects in accordance with all applicable Environmental Laws and Occupational Safety and Health Laws) that, under applicable Environmental Laws or Occupational Safety and Health Laws (x) impose or could reasonably be expected to impose a liability for removal, remediation, or other cleanup or damage to natural resources, in an amount equal to or greater than $500,000; (y) could reasonably be expected to have a Material Adverse Effect; or (z) could reasonably be expected to result in the imposition of a Lien on the property or other assets of the Company or its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Hollinger International Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 5.14 attached hereto, and except as could not, individually or in the aggregate, reasonably be expected to have a material negative impact on the environmental condition of the Property(s) or the operations of the Borrowers or any Subsidiary of the Borrowers : (i) the operations of the Borrower Borrowers and each Subsidiary of the Borrower Borrowers comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers is subject to any pending or, to the knowledge of the Borrowers or any Subsidiary of the Borrowers, any threatened judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) to the knowledge of the Borrowers and each Subsidiary, none of the operations of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers is the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substanceMaterial, or (B) any unsafe violation of applicable Environmental Laws or unhealthful condition applicable Occupational Safety and Health Laws at any premises of the Borrower Borrowers or such Subsidiary of the BorrowerBorrowers; (iv) neither the Borrower Borrowers nor any Subsidiary of the Borrower Borrowers has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal spillage or release into the environment of, or treatment, storage or disposal of, of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe violation of applicable Environmental Laws or unhealthful condition applicable Occupational Safety and Health Laws at any premises of the Borrower Borrowers or such Subsidiary of the BorrowerBorrowers; and (v) neither the Borrower Borrowers nor any Subsidiary of the Borrower Borrowers has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe violation of applicable Environmental Laws or unhealthful condition applicable Occupational Safety and Health Laws at any premises of the Borrower Borrowers or such Subsidiary of the BorrowerBorrowers.

Appears in 1 contract

Samples: Security Agreement (Virbac Corp)

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Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 6.17 attached hereto: (i) the operations of each of the Borrower Borrowers and each Subsidiary of either of the Borrower Borrowers comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of either of the Borrower Borrowers or any Subsidiary of either of the Borrower is Borrowers are subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of either of the Borrower Borrowers or any Subsidiary of either of the Borrower Borrowers is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of either of the Borrower Borrowers or such Subsidiary of either of the BorrowerBorrowers; (iv) neither the Borrower nor any Subsidiary of the either Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the either such Borrower or such Subsidiary of the either such Borrower; and (v) neither the Borrower nor any Subsidiary of the either Borrower has any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the either such Borrower or such Subsidiary of the either such Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Agri Nutrition Group LTD)

Environmental and Safety and Health Matters. Except as disclosed on ------------------------------------------- Schedule 6.14 4.17 attached hereto: (ia) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all ------------- applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against Borrower, could reasonably be expected to have a Material Adverse Effect; (iiic) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower, which, if determined adversely to Borrower, could reasonably be expected to have a Material Adverse Effect; (ivd) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice which reasonably could be expected to have a Material Adverse Effect under any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (Bii) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower; and (ve) neither the Borrower nor does not have any Subsidiary of the Borrower has any known material contingent liability in connection with (Ai) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (Bii) any unsafe or unhealthful condition at any premises of the Borrower owned, leased or such Subsidiary of the operated by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Hennessy Advisors Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 5.17 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply in all material respects with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if adversely determined, could reasonably be expected to have a Material Adverse Effect; (iii) to the best of Borrower's knowledge after due inquiry, none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known material contingent liability in connection with (A) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 1 contract

Samples: Revolving Credit Agreement (Huntco Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto: SCHEDULE 4.24, each Company and/or each property, operations and facility that such Company owns, operates or controls (a) complies in all respects with (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws Laws, except for those laws with respect to which the failure to comply is not reasonably likely to have a Material Adverse Effect and (Bii) all applicable Occupational Safety and Health Laws, except for those laws with respect to which the failure to comply is not reasonably likely to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is not subject to any judicial, governmental, regulatory pending judicial or administrative proceeding alleging the violation of any Environmental Law or any Occupational Safety and Health Law; (iiic) none has not received any notice (i) that it may be in violation of the operations of the Borrower any Environmental Law or any Subsidiary of Occupational Safety and Health Law, (ii) threatening the Borrower is the subject commencement of any federal proceeding relating to allegedly unlawful, unsafe or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substanceunhealthy conditions, or (Biii) alleging that it is or may be responsible for any unsafe response, cleanup, or unhealthful condition at corrective action, including but not limited to any premises of the Borrower or such Subsidiary of the Borrower; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice remedial investigation/feasibility studies, under any Environmental Law or Occupational Safety and Health Law; (d) is not the subject of any pending federal or state investigation evaluating whether any investigation, remedial action or other response is needed to respond to (i) a Release or threatened Release into the environment of any Hazardous Material or (ii) any allegedly unsafe or unhealthful condition; (e) has not filed any notice under or relating to any Environmental Law or any Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (Bii) any potentially unsafe or unhealthful condition at any premises condition, and, to the best of the Borrower or Borrower's knowledge, there exists no reasonable basis for such Subsidiary notice irrespective of the Borrowerwhether such notice was actually filed; and (vf) neither the Borrower nor any Subsidiary of the Borrower has any known no contingent liability in connection with (Ai) any spillage, disposal actual or release potential Release into the environment of, or otherwise with respect to, any Hazardous Material Material, whether on any premises owned or occupied by such Company or, to the best of Borrower's knowledge, on any other hazardous, toxic or dangerous waste, substance or constituent or other substance premises or (Bii) any unsafe or unhealthful condition at condition. Except as disclosed on SCHEDULE 4.24, there are no Hazardous Materials on, in or under any premises property or facilities owned, operated or controlled by any Company, including but not limited to such Hazardous Materials that may be contained in underground storage tanks, except those Hazardous Materials necessary for the operation of the Borrower or such Subsidiary of the Borrowera Company's business that are used in compliance with all applicable Environmental Laws.

Appears in 1 contract

Samples: Loan and Security Agreement (Decrane Aircraft Holdings Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.17 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal, state or state other investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary, which, if determined adversely to Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Substances which could reasonably be expected to have a Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the BorrowerAdverse Effect; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known material contingent liability in connection with (A) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower.Substances. 4.18

Appears in 1 contract

Samples: Revolving Credit Agreement (Cpi Corp)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.1(r) attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; (iv) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower has does not have any known contingent liability in connection with (A) any spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Shoe Carnival Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.17 attached hereto: (ia) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iiic) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary, which, if determined adversely to Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (ivd) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (Bii) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary; and (ve) neither the Borrower nor any Subsidiary of the Borrower has any known material contingent liability in connection with (Ai) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (Bii) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 1 contract

Samples: Loan Agreement (Featherlite Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto: (i) the operations of the 4.25, Borrower and each Subsidiary of the Designated Subsidiaries and/or each property, operations and facility that Borrower comply or any Designated Subsidiary owns, operates or controls (a) complies in all respects with (Ai) all applicable Environmental Laws Laws, except for those laws the failure with which to comply is not reasonably likely to have a Material Adverse Effect and (Bii) all applicable Occupational Safety and Health Laws, except for those laws the failure with which to comply is not reasonably likely to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is not subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law which is reasonably likely to have a Material Adverse Effect; (c) has not received any notice (i) that it may be in violation of any Environmental Law or Occupational Safety and Health Law which is reasonably likely to have a Material Adverse Effect, (ii) threatening the commencement of any proceeding under Environmental Law or Occupational Safety and Health Law; , which is reasonably likely to have a Material Adverse Effect, or (iii) none alleging that it is or may be responsible for any response, cleanup, or corrective action, including but not limited to any remedial investigation/feasibility studies, under any Environmental Law or Occupational Safety and Health Law, which, is reasonably likely to have a Material Adverse Effect; (d) to the knowledge of the operations of the Borrower or any Subsidiary of the Borrower is not the subject of any federal or state investigation evaluating whether any investigation, remedial action or other response is needed to respond to (Ai) any spillage, disposal a Release or release threatened Release into the environment of any Hazardous Material or the spillage, disposal or release or threatened release into the environment of any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance, substance regulated under Environmental Law which is reasonably likely to have a Material Adverse Effect or (Bii) any allegedly unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowerregulated under Environmental Law which is reasonably likely to have a Material Adverse Effect; (ive) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice under or relating to any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or spillage, disposal or release into the environment of any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance regulated under Environmental Law or (Bii) any unsafe or unhealthful condition at any premises condition, in either case, which is reasonably likely to have a Material Adverse Effect, and to Borrower's knowledge, there exists no basis for such notice irrespective of the Borrower or whether such Subsidiary of the Borrowernotice was actually filed; and (vf) neither the Borrower nor any Subsidiary of the Borrower has any known no contingent liability in connection with (A) any spillage, disposal or release actual Release into the environment of, or otherwise with respect to, any Hazardous Material or spillage, disposal or release into the environment of any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrower.substance, whether

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer East Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 4.17 attached hereto: (i) the operations of the Borrower and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iii) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal, state or state other investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary, which, if determined adversely to Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iv) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Substances which could reasonably be expected to have a Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the BorrowerAdverse Effect; and (v) neither the Borrower nor any Subsidiary of the Borrower has any known material contingent liability in connection with (A) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the BorrowerSubstances.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cpi Corp)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto: 9.17, the Company and each of its Subsidiaries and each property, operation and facility that the Company or any Subsidiary may own, operate or control (i) the operations of the Borrower and each Subsidiary of the Borrower comply complies in all material respects with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is not subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law; (iii) none has not received any notice (A) that it may be in violation of any Environmental Law or Occupational Safety and Health Law, or (B) threatening the operations commencement of the Borrower any proceeding relating to allegedly unlawful, unsafe or unhealthy conditions or (C) alleging that it is or may be responsible for any Subsidiary of the Borrower response, cleanup, or corrective action, including, but not limited to, any remedial investigation/feasibility study, under any Environmental Law or Occupational Safety and Health Law; (iv) has not received any notice that it is the subject of any federal or state investigation evaluating whether any investigation, remedial action or other response is needed to respond to (A) any a spillage, disposal or release or threatened release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substanceRegulated Material, or (B) any unsafe or unhealthful condition at alleged violation of any premises of the Borrower or such Subsidiary of the BorrowerOccupational Safety and Health Law; (ivv) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice under or relating to any Environmental Law or Occupational Safety and Health Law indicating or reporting (A) any past or present spillage, disposal or release (other than permitted releases) into the environment of, or treatment, storage or disposal ofof (other than permitted releases), any Hazardous Regulated Material or in excess of quantities requiring notification under any other hazardousEnvironmental Law, toxic or dangerous waste, substance or constituent or other substance or (B) any unsafe or unhealthful condition at violation of any premises Occupational Safety and Health Law and (vi) to the best knowledge of the Borrower or such Subsidiary of the Borrower; and (v) neither the Borrower nor any Subsidiary of the Borrower Company has any known no material contingent liability in connection with (A) any actual or potential spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material Regulated Material, whether on any premises owned or occupied by the Company or any Subsidiary or on any other hazardous, toxic or dangerous waste, substance or constituent or other substance premises or (B) any unsafe or unhealthful condition at condition. Except as disclosed on Schedule 9.17, there are no Regulated Materials on, in or under any premises property or facilities, owned, operated or controlled by the Company or any Subsidiary (except Regulated Materials used in the ordinary course of the Borrower or such Subsidiary business of the BorrowerCompany and its Subsidiaries and used, stored, handled, treated and disposed of in all material respects in accordance with all applicable Environmental Laws and Occupational Safety and Health Laws) that, under applicable Environmental Laws or Occupational Safety and Health Laws (A) impose or could reasonably be expected to impose a liability for removal, remediation, or other cleanup or damage to natural resources, in an amount equal to or greater than $500,000; (B) could reasonably be expected to have a Material Adverse Effect; or (C) could reasonably be expected to result in the imposition of a Lien on the property or other assets of the Company or its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Hollinger International Inc)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 6.15 attached hereto: (ia) the operations of the Borrower Issuer and each Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (iib) none of the operations of the Borrower Issuer or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against the Issuer or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iiic) none of the operations of the Borrower Issuer or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of owned, leased or operated by the Borrower Issuer or such Subsidiary of Subsidiary, which, if determined adversely to the BorrowerIssuer or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (ivd) neither the Borrower Issuer nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (Bii) any unsafe or unhealthful condition at any premises of owned, leased or operated by the Borrower Issuer or such Subsidiary of the BorrowerSubsidiary; and (ve) neither the Borrower Issuer nor any Subsidiary of the Borrower has any known material contingent liability in connection with (Ai) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (Bii) any unsafe or unhealthful condition at any premises of owned, leased or operated by the Borrower Issuer or such Subsidiary of the BorrowerSubsidiary.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aerocentury Corp)

Environmental and Safety and Health Matters. Except as disclosed on Schedule 6.14 attached hereto4.25, Borrower and each of its Subsidiaries and/or each property, operation and facility that Borrower or any Subsidiary may own, lease, operate or control: (i) the operations of the Borrower and each Subsidiary of the Borrower comply complies in all respects with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws; (ii) none of the operations of the Borrower or any Subsidiary of the Borrower is not subject to any judicial, governmental, regulatory judicial or administrative proceeding alleging the violation 30 of any Environmental Law or Occupational Safety and Health Law; (iii) none has not received any notice or inquiry (A) that it may be in violation of any Environmental Law or Occupational Safety and Health Law, (B) threatening the operations commencement of any proceeding relating to allegedly unlawful, unsafe or unhealthy conditions or (C) alleging that it is or may be responsible for any response, cleanup, or corrective action, including but not limited to any remedial investigation/feasibility studies, under any Environmental Law or Occupational Safety and Health Law; (iv) to the Borrower or any Subsidiary best of the Borrower Borrower's knowledge, is not the subject of any federal or state investigation evaluating whether any investigation, remedial action or other response is needed to respond to (A) any a spillage, disposal or release or threatened release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance, substance or (B) any allegedly unsafe or unhealthful condition at any premises of the Borrower or such Subsidiary of the Borrowercondition; (ivv) neither the Borrower nor any Subsidiary of the Borrower has not filed any notice under or relating to any Environmental Law or Occupational Safety and Health Law (excluding, solely as to treatment, storage and disposal, any routine periodic filings required under law, including, without limitation the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. ss.11001 et seq.) indicating or reporting (A) any past or present spillage, disposal or release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance or (B) any potentially unsafe or unhealthful condition at any premises condition, and there exists no basis for such notice irrespective of the Borrower or whether such Subsidiary of the Borrowernotice was actually filed; and (vvi) neither the Borrower nor any Subsidiary of the Borrower has any known no contingent liability in connection with (A) any actual or potential spillage, disposal or release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent constituent, or other substance substance, whether on any premises owned or occupied by Borrower or any Subsidiary or on any other premises or (B) any unsafe or unhealthful condition at condition. Except as disclosed on Schedule 4.25, there are no underground storage tanks, whether or not in use, in or under any premises of the property or facilities owned, operated or controlled by Borrower or any Subsidiary and there are no Hazardous Materials on, in or under any property or facilities owned, operated or controlled by Borrower or any Subsidiary, including but not limited to such Subsidiary Hazardous Materials that may be contained in underground storage tanks, but excepting such Hazardous Materials used in accordance with all applicable laws and in the same manner as an ordinary consumer (e.g., gasoline in tanks of the Borrowermotor vehicles, small amounts of cleaners, etc.).

Appears in 1 contract

Samples: Loan and Security Agreement (Elxsi Corp /De//)

Environmental and Safety and Health Matters. Except as disclosed -------------------------------------------- on Schedule 6.14 4.17 attached hereto: (ia) the operations of the Borrower and each -------------- Subsidiary of the Borrower comply with (A) all applicable Environmental Laws and (B) all applicable Occupational Safety and Health Laws, the violation or noncompliance with which could reasonably be expected to have a Material Adverse Effect; (iib) none of the operations of the Borrower or any Subsidiary of the Borrower is are subject to any Environmental Claim or any judicial, governmental, regulatory or administrative proceeding alleging the violation of any Environmental Law or Occupational Safety and Health Law, which, if determined adversely against Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (iiic) none of the operations of the Borrower or any Subsidiary of the Borrower is the subject of any federal Federal or state investigation evaluating whether any remedial action is needed to respond to (A) any spillage, disposal Release of Hazardous Substances or release into the environment of any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance, or (B) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary, which, if determined adversely to Borrower or any Subsidiary, could reasonably be expected to have a Material Adverse Effect; (ivd) neither the Borrower nor any Subsidiary of the Borrower has filed any notice under any Environmental Law or Occupational Safety and Health Law indicating or reporting (Ai) any past or present spillage, disposal leakage or release Release into the environment of, or treatment, storage or disposal of, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substance or (Bii) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary; and (ve) neither the Borrower nor any Subsidiary of the Borrower has any known material contingent liability in connection with (Ai) any spillage, disposal or release Release into the environment of, or otherwise with respect to, any Hazardous Material or any other hazardous, toxic or dangerous waste, substance or constituent or other substance Substances or (Bii) any unsafe or unhealthful condition at any premises of the owned, leased or operated by Borrower or such Subsidiary of the BorrowerSubsidiary.

Appears in 1 contract

Samples: Loan Agreement (Air Methods Corp)

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