Environmental Assessment Report. Receipt of evidence which Lender deems satisfactory, including an environmental assessment questionnaire completed by Borrower indicating that all real and personal property securing the Loan is free of hazardous, toxic or dangerous waste, substances or material except in accordance with Environmental Law, as such are defined in any governmental law, regulation or ruling applicable to environmental conditions or listed as such by the Environmental Protection Agency;
Environmental Assessment Report. Upon the written request of the Administrative Agent following the occurrence of any event or the discovery of any condition which the Administrative Agent or the Required Lenders believe has caused (or could be reasonably expected to cause) the representations and warranties set forth in Section 5.09, insofar as they relate to the Unencumbered Borrowing Base Properties, to be untrue in any material respect, furnish or cause to be furnished to the Administrative Agent, at the Borrower’s expense, (a) with respect to a material release of Hazardous Materials at any Unencumbered Borrowing Base Property, a report of an environmental assessment of reasonable scope, form and depth (including, where appropriate, invasive soil or groundwater sampling) as to the nature and extent of the presence of any Hazardous Materials released or threatened to be released and/or (b) with respect to a material violation of Environmental Laws by any Loan Party at any Unencumbered Borrowing Base Property, a report of such violation by a consultant acceptable to the Administrative Agent. If the Borrower fails to deliver such environmental reports within sixty (60) days after receipt of such written request then the Administrative Agent may arrange for same, and the Loan Parties hereby grant to the Administrative Agent and its representatives access to the Unencumbered Borrowing Base Properties to reasonably undertake such an assessment (including, where appropriate, invasive soil or groundwater sampling). The reasonable cost of any assessment arranged for by the Administrative Agent pursuant to this provision will be payable by the Borrower on demand and added to the Obligations.
Environmental Assessment Report. Cxxxxxx shall have received an environmental Phase II report with respect to existing wxxxx located at the Leased Real Property located in Ontario, Canada and the findings, recommendations and conclusions set forth in such report shall not identify a material liability which was not previously identified in the Phase II Environmental Site Assessment performed by Golders Associates Ltd. for Wxxxx Canada dated October 2003, a true and correct copy of which has been delivered to Cxxxxxx.
Environmental Assessment Report. To the extent that environmental review under the California Environmental Quality Act (CEQA), Public Resources Code Section 2100 et seq., is required with respect to activities under this City Loan Agreement, the City shall review such report or document. The Borrower shall provide all information, assistance, and cooperation necessary to prepare such report or document. The Borrower warrants that it has not and shall not take any action which might have a material adverse environmental effect, limit the choices among competing environmental alternatives, or alter environmental premises upon which the City's environmental findings are based. The Borrower agrees not to undertake any activity having a potential adverse environmental effect until such time as the City has advised the Borrower that it has completed an environmental assessment of the Project and received a clearance in accordance with the National Environmental Protection Act, provided the project involves federal funds. Notwithstanding the foregoing or anything to the contrary in this Agreement, City has reviewed and has agreed with the determination adopted by resolution of the HACLA Board of Commissioners finding the Project to be exempt from CEQA.
Environmental Assessment Report. If requested by the Agents with sufficient prior notice, the Administrative Agent shall have received an environmental assessment report, from an environmental consulting firm reasonably acceptable to the Administrative Agent, as to any hazards, costs or liabilities under Environmental Laws to which any Loan Party or any of its Subsidiaries may be subject, the amount and nature of which and the Company’s plans with respect to which shall be reasonably acceptable to the Lenders, together with evidence, in form and substance reasonably satisfactory to the Lenders, that all applicable Environmental Laws shall have been complied with. To the extent that either such report or any other information that may become available to the Lenders shall disclose any hazards, costs or liabilities under Environmental Laws or otherwise that the Lenders deem material, the Lenders shall be reasonably satisfied that such hazards, costs or liabilities were adequately reflected in the Company’s financial reserves shown on the financial statements delivered to the Lenders prior to the Closing Date or that, to the extent not so reflected, the Company has made adequate provision for such hazards, costs or liabilities.
Environmental Assessment Report. Approval of any sale or assumption shall, at Lender's sole option, require a later date environment assessment report or an update of the most current environmental assessment report for the Premises.
Environmental Assessment Report. Buyer shall have received a "Phase I Environmental Assessment Report" with respect to the Leased Property and upon review of such report Buyer is willing to close the transactions contemplated by this Agreement.
Environmental Assessment Report. The Purchasers shall have received the Phase I Report with respect to each parcel of the Real Property and such Phase I Report shall not set forth any material existing violations of any Environmental Law or any “Recognized Environmental Condition” (as that term is defined in ASTM Standard E 1527-00) that require remedial response under Environmental Laws; provided, however, that if the Purchasers fail to engage an environmental consulting firm as provided in Section 5.07 within thirty (30) days of the date hereof, this condition shall be deemed waived by the Purchasers.
Environmental Assessment Report. Within sixty (60) days of the date of this Agreement, AIB shall deliver to Bancorp and FCB a Phase I environmental assessment report (the "Phase I Report") on each parcel of real property owned or leased by AIB, with the exception of any real property for which AIB is a lessee and the lessor (who shall be credit-worthy) fully indemnified AIB for any claims or losses relating to Hazardous Substances on such premises or breaches of any applicable Environmental Law pursuant to an agreement in form and substance reasonably satisfactory to FCB. Each Phase I Report shall be current within 60 days of its delivery and in form and substance reasonably satisfactory to Bancorp. Bancorp and FCB shall promptly review each Phase I Report and within five (5) business days of receipt thereof, will give written notice to AIB if Bancorp and FCB determine that the findings of the Phase I Report constitute a material breach by AIB of any of its representations, warranties, commitments or agreements under this Agreement. The failure of Bancorp or FCB to give such notice shall be deemed acceptance of the Phase I Report by Bancorp and FCB.
Environmental Assessment Report. Purchasers shall have received an environmental Phase I report with respect to the parcels of Leased Real Property listed in Schedule 9.9 and Purchasers shall be reasonably satisfied with the findings, recommendations and conclusions set forth in each such report.
