Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 9 contracts
Samples: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (SAExploration Holdings, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Ocz Technology Group Inc), Credit Agreement (Nuverra Environmental Solutions, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, Party or its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 7 contracts
Samples: Credit Agreement (Connecture Inc), Term Loan Agreement (Connecture Inc), Credit Agreement (Connecture Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Borrowers’ knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental LawLaw except as would not reasonably be expected to result in a Material Adverse Change, (b) to each Loan Party’s Borrowers’ knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could would reasonably be expected to result in a Material Adverse Change.
Appears in 7 contracts
Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Term Loan Agreement (BOISE CASCADE Co)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 6 contracts
Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement (General Finance CORP), Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.Effect. 4.12
Appears in 5 contracts
Samples: Credit Agreement and Loan Documents (Nautilus, Inc.), Credit Agreement (Nautilus, Inc.), Assignment and Acceptance Agreement (Nautilus, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or or, to Borrower’s knowledge, by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of or could reasonably be expected to result in any material liability under any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Changematerial liability to any Loan Party or its Subsidiaries, (e) the Loan Parties and their Subsidiaries hold and are in compliance in all material respects with all permits, licenses, consents, authorizations and registrations required under Environmental Laws (“Environmental Permits”), and (f) the Loan Parties and their Subsidiaries comply with all applicable financial assurance obligations arising under Environmental Laws.
Appears in 5 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 5 contracts
Samples: Credit Agreement (Performant Financial Corp), Credit Agreement (Falcon Capital Acquisition Corp.), Credit Agreement (Falcon Capital Acquisition Corp.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 4 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 4 contracts
Samples: Credit Agreement (Flexsteel Industries Inc), Credit Agreement (Model N, Inc.), Credit Agreement (GoPro, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 4 contracts
Samples: Credit Agreement (Magma Design Automation Inc), Credit Agreement (Daegis Inc.), Credit Agreement (Unify Corp)
Environmental Condition. Except as set forth on Schedule 5.12 4.12 to the Information CertificateDisclosure Letter, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s or its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of or its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 3 contracts
Samples: Credit Agreement (Omniture, Inc.), Credit Agreement (Omniture, Inc.), Credit Agreement (Omniture, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 5.13 and except for other matters that could not reasonably be expected to the Information Certificateresult in a Material Adverse Change, (a) to each the Loan Party’s Parties’ knowledge, no none of the Loan Parties’ or their Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a such Loan Party, Party or its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, violation in any material respect, respect of any applicable Environmental Law, (b) to each Loan Party’s Parties’ knowledge, after due inquiry, no Loan Party’s nor any of its SubsidiariesParties’ properties or assets have owned Real Property has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no none of the Loan Party Parties nor any of its their Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a such Loan Party or its SubsidiariesParty, and (d) no none of the Loan Party nor any of its Subsidiaries Parties nor any of their respective facilities or operations is subject to any outstanding written orderSubsidiaries has received a summons, consent decreecitation, notice, or settlement agreement with directive from the Environmental Protection Agency or any Person relating to other federal, state or provincial governmental agency concerning any Environmental Law action or Environmental Liability that, individually omission by such Loan Party or such Subsidiary resulting in the aggregate, could reasonably be expected to result releasing or disposing of Hazardous Materials into the environment in a Material Adverse Changeviolation of any applicable Environmental Law.
Appears in 3 contracts
Samples: Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s or its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of or its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 3 contracts
Samples: Credit Agreement (TrueBlue, Inc.), Credit Agreement (Navarre Corp /Mn/), Credit Agreement (Realpage Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyParent’s and Borrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators Subsidiaries in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyParent’s and Borrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 3 contracts
Samples: Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement and except as could not reasonably be expected to result in a Material Adverse Effect, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a an Environmental Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 3 contracts
Samples: Credit Agreement (Salem Media Group, Inc. /De/), Credit Agreement (Salem Media Group, Inc. /De/), Credit Agreement (Salem Media Group, Inc. /De/)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 3 contracts
Samples: Credit Agreement (Titan Machinery Inc.), Credit Agreement (PROS Holdings, Inc.), Credit Agreement (PROS Holdings, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Borrower’s actual knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s actual knowledge, after reasonable due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries (or with respect to Immaterial Subsidiaries, no such Subsidiary to Borrower’s knowledge) has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 3 contracts
Samples: Credit Agreement (Asure Software Inc), Credit Agreement (Asure Software Inc), Credit Agreement (Asure Software Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.17, (a) to each Borrowers’ Knowledge, no Loan Party’s knowledge, no properties or assets of any Loan Party or nor any of its Subsidiaries have Subsidiaries’ Assets has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledgeBorrowers’ Knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property real property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 3 contracts
Samples: Credit Agreement (Winc, Inc.), Credit Agreement (Winc, Inc.), Credit Agreement (Winc, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement or as could not reasonably be expected to have a Material Adverse Effect, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute listed as a Hazardous Materials disposal sitesite under applicable Environmental Laws, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 3 contracts
Samples: Credit Agreement (Liberty Oilfield Services Inc.), Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Energy Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan Party’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Cross Country Healthcare Inc), Abl Credit Agreement (Cross Country Healthcare Inc), Term Loan Credit Agreement (Cross Country Healthcare Inc)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 or except as, individually or in the aggregate, would not reasonably be expected to the Information Certificateresult in a Material Adverse Effect, (a) to each no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of or has given rise to liability of a Loan Party or any of its Subsidiaries, or to the knowledge of Borrower, liability of previous owners or operators, under any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding Environmental Action or other written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiabilities.
Appears in 2 contracts
Samples: Credit Agreement (Birks Group Inc.), Credit Agreement (Birks Group Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to 4.11 of the Information CertificateDisclosure Letter, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (Neophotonics Corp), Credit Agreement (EGAIN Corp)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificateextent that any of the matters referred to in clauses (a), (b), and (d) below could not reasonably be expected to result in a Material Adverse Change, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, Party or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its SubsidiariesParty, except to the extent that such Liens are the subject of a Permitted Protest, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Possession Loan and Security Agreement (Implant Sciences Corp), Possession Loan and Security Agreement (Implant Sciences Corp)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (CMI Acquisition, LLC), Credit Agreement (Pandora Media, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate, (a) to To each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous CONFIDENTIAL TREATMENT REQUESTED owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (Finisar Corp), Credit Agreement (Finisar Corp)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information CertificateDisclosure Letter or as could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, (a) to each no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 2 contracts
Samples: Credit Agreement (INFINERA Corp), Credit Agreement (INFINERA Corp)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, and where such violation could be reasonably likely to have a Material Adverse Effect, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, where the same could be reasonably likely to have a Material Adverse Effect, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (Essex Rental Corp.), Credit Agreement (Essex Rental Corp.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (K Swiss Inc), Credit Agreement (Neogenomics Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental LawLaw that could reasonably be expected to result in a Material Adverse Change, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal sitesite for which such designation or identification could reasonably be expected to result in a Material Adverse Change, (c) no Loan Party nor any of its Subsidiaries has received notice that a an Environmental Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 4.12, or that individually or in the aggregate could not reasonably be expected to the Information Certificateresult in a Material Adverse Change, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s or its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of or its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 2 contracts
Samples: Guarantied Credit Agreement (Stanadyne Holdings, Inc.), Credit Agreement (Stanadyne Holdings, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental LawLaw and could reasonably be expected to result in a Material Adverse Effect, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (Tessco Technologies Inc), Credit Agreement (Tessco Technologies Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Borrowers’ knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrowers’ knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (VOXX International Corp), Credit Agreement (VOXX International Corp)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) to each Loan Party’s knowledge, no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) to each Loan Party’s knowledge, no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (Inventure Foods, Inc.), Credit Agreement (Inventure Foods, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Borrowers’ knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrowers’ knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice written notice, or has knowledge, that a Lien arising under any Environmental Law Lien has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or has incurred any Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (Colt Defense LLC), Credit Agreement (Colt Finance Corp.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (Quantum Corp /De/), Credit Agreement (Quantum Corp /De/)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Restricted Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have ever has been used by a Loan Party, its Restricted Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violationviolation of, in any material respector would create Material Liability under, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Restricted Subsidiaries’ properties or assets have ever been is designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Restricted Subsidiaries nor any of their respective facilities or operations has received or is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that could reasonably be expected to result in a Material Liability, and (d) no Loan Party nor any of its Restricted Subsidiaries (x) is the subject of any pending, or to Borrower’s knowledge threatened, Environmental Action, or (y) has received written notice from a Governmental Authority regarding a potential violation of Environmental Law. No Loan Party nor any of its Restricted Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Restricted Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (Glass House Brands Inc.), Credit Agreement (Glass House Brands Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) except for De Minimus Amounts, to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) except for De Minimus Amounts, to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) except for De Minimus Amounts, no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (Power Solutions International, Inc.), Credit Agreement (Power Solutions International, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Borrowers’ knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrowers’ knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 2 contracts
Samples: Patent Security Agreement (School Specialty Inc), Possession Credit Agreement (School Specialty Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Restricted Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Restricted Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Restricted Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Restricted Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Restricted Subsidiaries, and (d) no Loan Party nor any of its Restricted Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (Jda Software Group Inc), Credit Agreement (Jda Software Group Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each the knowledge of Parent and Borrowers, no Loan Party’s knowledge, no or its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquirythe knowledge of Parent and Borrowers, no Loan Party’s nor any of or its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Angiotech Pharmaceuticals Inc)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, in the case of the foregoing clauses (a) through (d), individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Credit Agreement (Ranger Energy Services, Inc.), Credit Agreement (Ranger Energy Services, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each the Borrowers’ knowledge no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, the Borrowers’ knowledge no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Laws as a Hazardous Materials disposal sitesite (or any similar or analogous designation), (c) no Loan Party nor any of its Subsidiaries has received notice that a an Environmental Lien arising under any Environmental Law has attached to or relates in any revenues or way to any Real Property owned or operated by a Loan Party or its Subsidiaries, or to any operations thereon, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Credit Agreement (Stream Global Services, Inc.), Credit Agreement (Stream Global Services, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to 4.11, as of the Information CertificateClosing Date, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement (Harte Hanks Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) to Borrower’s knowledge, no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan PartyTo Borrower’s knowledge, no Loan Party’s or its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of or its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, in the case of clauses (a) through (d) above, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien (other than a Permitted Lien) arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit Agreement (THQ Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to 4.11 of the Information CertificateDisclosure Letter, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement (Neophotonics Corp)
Environmental Condition. Except as set forth on Schedule 5.12 could not reasonably be expected, individually or in the aggregate, to the Information Certificatehave a Material Adverse Effect, (a) to each Loan Party’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 1 contract
Samples: Credit Agreement (Chesapeake Oilfield Operating LLC)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, knowledge after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement (Manitowoc Co Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyXxxxxxxx’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.17, (a) to each Borrowers' Knowledge, no Loan Party’s knowledge, no properties or assets of any Loan Party or 's nor any of its Subsidiaries have Subsidiaries' Assets has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledgeBorrowers' Knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ properties or assets have ' Assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property real property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement (Auxilio Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrower's actual knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's actual knowledge, after reasonable due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Loan PartyBorrower’s and Canadian Opco’s knowledge, no Loan Party’s or its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s and Canadian Opco’s knowledge, after due inquiry, no Loan Party’s nor any of or its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate3.13, (a) to each no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental LawLaw that could reasonably be expected to result in a Material Adverse Effect, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal sitesite for which such designation or identification could reasonably be expected to result in a Material Adverse Effect, (c) no Loan Party nor any of its Subsidiaries has received notice that a an Environmental Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental LawLaw and which could reasonably be expected to have a Material Adverse Effect, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) as of the Closing Date, no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement (Streamline Health Solutions Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or real property operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to 4.11 as of the Information Certificate, Closing Date (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 could not reasonably be expected, individually or in the aggregate, to the Information Certificatehave a Material Adverse Effect, (a) to each no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to 4.12 of the Information CertificateDisclosure Letter, (a) to each Borrowers’ knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrowers’ best knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit Agreement (Silicon Graphics International Corp)
Environmental Condition. Except Except, in each case, as set forth on Schedule 5.12 could not reasonably be expected to the Information Certificateresult in a Material Adverse Change, (a) to each no Loan Party’s knowledge, no or its Restricted Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have ever has been used by a Loan Party, its Restricted Subsidiaries, or to Parent and each Borrower’s knowledge by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of or its Restricted Subsidiaries’ properties or assets have has ever been designated or identified in pursuant to, or under any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Restricted Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Restricted Subsidiaries, and (d) no Loan Party nor any of its Restricted Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decreedecree with any Governmental Authority, or settlement agreement for Environmental Liabilities with any Person relating to pursuant to, or under any Environmental Law or relating to Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiabilities.
Appears in 1 contract
Samples: Credit Agreement (Stock Building Supply Holdings, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan PartyTo Borrower’s knowledge, no Loan Party’s nor any of its Material Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Material Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Material Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Material Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Material Subsidiaries, and (d) no Loan Party nor any of its Material Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit Agreement (CDC Software CORP)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or to Borrower’s knowledge, by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability Liability, in each case, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 individually or in the aggregate, could not reasonably be expected to the Information Certificateresult in a Material Adverse Effect, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 4.11 or that, individually or in the aggregate, would not reasonably be expected to the Information Certificateresult in a Material Adverse Effect, (a) to each no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could would reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement (Paycor Hcm, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each the knowledge of Parent and Borrowers, no Loan Party’s knowledge, no 's or its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquirythe knowledge of Parent and Borrowers, no Loan Party’s nor any of 's or its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Parent’s and Borrowers’ knowledge, no Loan Party’s knowledge, no or its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyParent’s and Borrowers’ knowledge, after due inquiry, no Loan Party’s nor any of or its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities operations is, nor to Parent’s and Borrowers’ knowledge, is any facility used by any Loan Party or operations is any Subsidiary thereof, subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit Agreement (Medquist Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Partythe Borrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Partythe Borrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property Estate owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, in each case (a) — (d), individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement (Jakks Pacific Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit and Security Agreement (Albany Molecular Research Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.Effect. 4.12
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s or its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of or its Subsidiaries’ properties or assets have has ever ATI-2336232v16 24 been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous MaterialsSubstances, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials Substances disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property real property and improvements owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party has not nor any of has its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability environmental related liabilities that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrowers' knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrowers' knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated -#PageNum#- or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information CertificateCertificate (as such Schedule may be updated from time to time to reflect (x) changes resulting from transactions permitted under this Agreement, or (y) new information, to the extent permitted by Lender in Lender’s sole discretion), (a) to each Loan Party’s knowledge, no Loan Party nor any of its Subsidiaries is in violation of any applicable Environmental Law that, individually or in the aggregate, could reasonably be expected to result in a claim or liability of $250,000 or more, (b) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental LawLaw that, individually or in the aggregate, could reasonably be expected to result in a claim or liability of $250,000 or more, (bc) to each Loan Party’s knowledge, after due commercial reasonable inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (cd) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (de) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, with respect to each of subparts (a), (b) or (d), that individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect. 1 Subject to review by Agent and Lenders.
Appears in 1 contract
Samples: Possession Credit Agreement (Nuverra Environmental Solutions, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 4.12 or as could not reasonably be expected to the Information Certificateresult in a Material Adverse Change, (a) to each Borrowers’ knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of any applicable Environmental Law, (b) to each Loan Party’s Borrowers’ knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information CertificateDisclosure Letter, as of the Closing Date (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Credit Agreement (McClatchy Co)
Environmental Condition. Except as set forth on Schedule 5.12 4.12 (as such Schedule may be updated from time to the Information Certificatetime to reflect changes permitted under this Agreement), (a) to each Borrowers’ knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrowers’ knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement or as could not reasonably be expected to have a Material Adverse Effect, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute listed as a Hazardous Materials disposal sitesite under applicable Environmental Laws, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.Effect. Table of Contents
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information CertificateSCHEDULE 4.14, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's or its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s nor any of 's or its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.13, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s or its respective Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its respective Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of or its respective Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its respective Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its respective Subsidiaries, and (d) no Loan Party nor any of its respective Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit Agreement (Jamba, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, Party or its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, in each case (a) — (d), individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Borrowers’ knowledge, no Loan Party’s knowledge, no nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrowers’ knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s 126471205_8 nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan PartyBorrower’s knowledge, no properties or assets of any Loan Party or Party’s nor any of its Subsidiaries have Subsidiaries’ properties or asset s has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.Effect. 4.12
Appears in 1 contract
Samples: Credit Agreement (Nautilus, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.11, (a1) to each Loan Party’s knowledge, no Loan Party’s nor any of its Domestic Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Domestic Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b1) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Domestic Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c1) no Loan Party nor any of its Domestic Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Domestic Subsidiaries, and (d1) no Loan Party nor any of its Domestic Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's nor any of its Restricted Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Restricted Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s 's nor any of its Restricted Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Restricted Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Restricted Subsidiaries, and (d) no Loan Party nor any of its Restricted Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Environmental Condition. Except as set forth on Schedule 5.12 to 4.11 of the Information CertificateDisclosure Letter, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.Effect. 4.12
Appears in 1 contract
Samples: Credit Agreement (Neophotonics Corp)
Environmental Condition. Except as set forth on Schedule 5.12 4.11 to the Information Certificatethis Agreement, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site[reserved], (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could would reasonably be expected to result in a Material Adverse ChangeEffect. Except as set forth on Schedule 4.11 to this Agreement, to each Borrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets has ever been listed as a Hazardous Materials disposal site under applicable Environmental Laws.
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificateextent that it could not reasonably be expected to result in a Material Adverse Change, (a) to each Loan Party’s Borrower's knowledge, no Loan Party's or its Subsidiaries' properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s Borrower's knowledge, after due inquiry, no Loan Party’s nor any of 's or its Subsidiaries’ ' properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeLiability.
Appears in 1 contract
Samples: Credit Agreement (Realpage Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit and Security Agreement (Orion Energy Systems, Inc.)
Environmental Condition. Except as set forth on Schedule 5.12 to the Information Certificate4.12, (a) to each Loan PartyParent’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyParent’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to the RCRA or any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Credit Agreement (Seitel Inc)
Environmental Condition. Except as set forth on Schedule 5.12 to 4.11 of the Information CertificateDisclosure Letter, (a) to each Loan PartyBorrower’s knowledge, no Loan Party’s nor any of its Subsidiaries’ properties or assets of any Loan Party or any of its Subsidiaries have has ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan PartyBorrower’s knowledge, after due inquiry, knowledge no Loan Party’s nor any of its Subsidiaries’ properties or assets have has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
