Common use of Environmental Laws and Hazardous Substances Clause in Contracts

Environmental Laws and Hazardous Substances. The Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply in all Material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the Borrower or its business, operations or assets or, to the Borrower’s knowledge, any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits permits, certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Except as set forth on Schedule 7.12, no Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the any Borrower (whether or not owned by it) in any manner which at might reasonably be expected to have a Material Adverse Effect upon any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunderBorrower. The Each Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledgeExcept as could not reasonably be expected to have a Material Adverse Effect, there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the each Borrower’s knowledge, threatened, and the . Each Borrower shall immediately notify the Bank in writing in five business days upon becoming aware receiving actual notice of any such investigation, proceeding, complaint, order, directive, claim, or citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the any Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the matter, which might reasonably be expected to have a Material Adverse Effect upon any Borrower. Except as set forth on Schedule 7.12, no Borrower or its business, operations or assets orhas, to the best of each Borrower’s knowledge, any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the Each Borrower further agrees to allow the Bank or its agent access to the properties of the such Borrower and its respective Subsidiaries to confirm compliance with all Environmental Laws, and the applicable Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the such Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the such Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation as is required under applicable Environmental Laws and an estimate of the costs thereof. This Section 7.12 shall constitute the only representations that are made by each Borrower with respect to Environmental Laws and Hazardous Substances.

Environmental Laws and Hazardous Substances. The Borrower has Borrowers have not -------------------------------------------- generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower Borrowers (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunderauthorization, which violation would have a Material Adverse Effect. The Borrower will Borrowers comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunderthereunder except where failure to comply would not have a Material Adverse Effect. To Borrower’s knowledge, In each case which would have a Material adverse effect: (i) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s 's knowledge, threatened, and the Borrower Borrowers shall immediately notify the Bank Lender upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower Borrowers or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower Borrowers or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has Borrowers have transported, stored or disposed of any Hazardous Substances. The Borrower has Borrowers have no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the Borrower The Borrowers further agrees agree to allow the Bank Lender or its agent reasonable access to the properties of the Borrower Borrowers and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower Borrowers shall, following determination by the Bank Lender that there is Material material non-compliance, or any condition which requires any action by or on behalf of the Borrower Borrowers in order to avoid any Material material non-compliance, with any Environmental Law, at the Borrower’s 's sole expense, cause an independent environmental engineer acceptable to the Bank Lender to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower represents, warrants and agrees with the Bank that (i) to the best knowledge of Borrower, neither the Borrower nor any Subsidiary has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous SubstancesMaterials, on or off any of the premises of the Borrower (whether or not owned by it) or Subsidiary in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The , (ii) to the best knowledge of Borrower, the operations of the Borrower will and each Subsidiary comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) to the best knowledge of Borrowers, there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s 's knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or any Subsidiary or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower or any Subsidiary has transported, stored or disposed of any Hazardous Substances. The Materials, (iv) to the best knowledge of Borrower, neither the Borrower nor any Subsidiary has no Material any material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from ; and (v) without limiting the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties generality of the Borrower and its Subsidiaries to confirm compliance with all Environmental Lawsforegoing, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower or any Subsidiary in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s 's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower representations and statements set forth in this Section 4.10 are qualified by reference to the items disclosed on Schedule 4.10 of this Agreement. XxXxx has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower XxXxx (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply XxXxx has complied in all Material material respects with all Environmental Laws and will obtain has obtained all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s XxXxx’x knowledge, threatened, and the Borrower XxXxx shall immediately notify the Bank XXX upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower XxXxx or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the Borrower matter, which affects XxXxx or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower XxXxx has transported, stored or disposed of any Hazardous Substances. The Borrower XxXxx has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower represents, warrants and agrees with the Bank that except as set forth in Schedule 6.4 (i) the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous SubstancesMaterials, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, permit certificate, approval or similar authorization thereunder. The , (ii) the operations of the Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits permits, certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material material non-compliance with, or material violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production transportation or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which materially affects the Borrower or its business, business operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Materials, (iv) the Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from ; and (v) without limiting the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties generality of the Borrower and its Subsidiaries to confirm compliance with all Environmental Lawsforegoing, and the Borrower shall, following determination by the Bank that there is Material material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for such testing and remediation as may be necessary to cure such non-compliance and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The To the Borrower’s Knowledge, the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledgeKnowledge, threatened, and the Borrower shall immediately notify the Bank Lender upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material Substances or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The To the Borrower’s Knowledge, the Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous MaterialSubstances. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank Lender or its agent reasonable access (on notice and subject to the supervision of the Borrower’s personnel) to the properties of the Borrower and its Subsidiaries constituting the Collateral to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank Lender that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank Lender to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Except as set forth on Schedule 6.12, the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits permits, certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there Borrower has been received no notice of any investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending ornor, to the best of the Borrower’s knowledge, is any pending or threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Except for those matters which are not reasonably likely to have a Material Adverse Effect, Borrower represents, warrants and agrees with the Bank that (i) Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The , (ii) the operations of Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits permits, certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s 's knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the matter, which affects Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The , and (iv) Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s 's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Neither the Borrower nor any of its Subsidiaries has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the their premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will, and will cause each of its Subsidiaries to, comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s 's knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or any of its Subsidiaries or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or any of its businessSubsidiaries or their businesses, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has or its Subsidiaries have transported, stored or disposed of any Hazardous Substances. The Neither the Borrower nor any of its Subsidiaries has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s 's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time materially violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization required thereunder. The Borrower will comply complies in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations required thereunder. To Borrower’s knowledgeWithin the last two (2) years, there Xxxxxxxx has been no not received any written investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatenedthreatened in writing, and the Borrower shall immediately promptly notify the Bank upon becoming aware Lender after receiving written notice of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take reasonably prompt and appropriate actions to respond thereto, with respect to any Material material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the Borrower or its business, operations or assets or, to the Borrower’s knowledge, any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, discharge of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous MaterialSubstances. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank Lender or its agent access to the properties of the Borrower and its Subsidiaries Borrower, upon reasonable prior notice from the Lender, to confirm material compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank Lender that there is Material material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, compliance with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer reasonably acceptable to the Bank Lender to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, and, if required by Environmental Laws, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower represents, warrants and agrees with the Bank that (i) the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous SubstancesMaterials, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The , (ii) the operations of the Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits permits, certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Personperson or entity, nor is any pending or, to the best of the Borrower’s 's knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Materials, (iv) the Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from ; and (v) without limiting the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties generality of the Borrower and its Subsidiaries to confirm compliance with all Environmental Lawsforegoing, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s 's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests test of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Neither the Borrower nor any Guarantor has not generated, used, stored, treated, transported, manufactured, handled, produced produced, or disposed of any Hazardous Substances, on or off any of the its premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material material respect any Environmental Law or any license, permit, certificate, approval approval, or similar authorization thereunder. The Each of the Borrower and the Guarantors will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrowersuch Obligor’s knowledge, threatened, and the Borrower such Obligor shall immediately notify the Bank Lender upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower such Obligor or the release, spill spill, or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the Borrower matter, which affects any Obligor or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower any Obligor has transported, stored or disposed of any Hazardous Substances. The Neither the Borrower nor any Guarantor has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, Each of the Borrower and the Guarantors further agrees to allow the Bank Lender or its agent access to the properties of the Borrower and its Subsidiaries such Obligor to confirm compliance with all Environmental Laws, and the Borrower each Obligor shall, following determination by the Bank Lender that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower any Obligor in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank Lender to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunderthereunder which violation could reasonably be expected to result in a Material Adverse Effect. The Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatenedthreatened in writing, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Except as could not reasonably be expected to have a Material Adverse Effect, the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material Substances or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous SubstancesSubstances and which could reasonably be expected to have a Material Adverse Effect. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous MaterialSubstances. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower represents, warrants and agrees with the Bank that (i) the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The , (ii) the operations of the Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately promptly notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material Substance or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material Substance or any other environmental, health or safety matter against matter, which materially affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The , and (iv) the Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous MaterialSubstance. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental LawsLaws (provided, however, that such access rights with respect to Railcars and other property subject to Leases shall be subject to the terms of such Leases; provided, further, that if the Bank reasonably requires access to a given Railcar or other property subject to a Lease for purposes of assessing the Borrower’s compliance with Environmental Laws and the related Lease prevents the Bank from gaining such access, the Borrower shall cooperate with and assist the Bank in obtaining such access), and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The To the knowledge of the Borrower and the Guarantors, after due inquiry, neither the Borrower nor any of the Guarantors has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises Premises of the Borrower or any Guarantor (whether or not owned by itit or any of them) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunderthereunder except where such violation could not reasonably be expected to result in a Material Adverse Effect. The Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there has been There is no investigation, proceeding, complaint, order, directive, claim, citation or citation, notice or, to the Borrower’s knowledge there is no investigation by any governmental authority Governmental Authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately notify the Bank Lender upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or any of the Guarantors or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower any Guarantor or its businessany of their businesses, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower or any Guarantor has transported, stored or disposed of any Hazardous Substances. The To Borrower’s knowledge, after due inquiry, neither the Borrower nor any Guarantor has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the BankAt any time following an Event of Default, the Borrower further agrees to allow the Bank Lender or its agent access to the properties of the Borrower and its Subsidiaries each of the Guarantors to confirm compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank Lender that there is Material a material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank Lender to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Neither the Borrower nor any Restricted Subsidiary has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower or such Restricted Subsidiary (whether or not owned by it) in any manner which at any time violates violates, in any Material respect material respect, any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply and each Restricted Subsidiary complies, in all Material respects material respects, with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or by any Restricted Subsidiary or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower Borrower, any Restricted Subsidiary or its businesstheir respective businesses, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower such Person has transported, stored or disposed of any Hazardous Substances. The Neither the Borrower nor any Restricted Subsidiary has no Material any material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Restricted Subsidiaries to confirm compliance with all Environmental LawsLaws in all material respects (any such access, absent an Event of Default, to be upon reasonable notice, during business hours and at the Bank’s sole expense), and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower has not None of the Borrowers have generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower Borrowers (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower Each of the Borrowers will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledgeExcept as set forth on Schedule 7.12, there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s Borrowers’ knowledge, threatened, and the Borrower Borrowers shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by any of the Borrower Borrowers or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects any of the Borrower Borrowers or its their business, operations or assets or, to the Borrower’s knowledge, or any properties at which any of the Borrower has Borrowers have transported, stored or disposed of any Hazardous Substances. The Borrower has no Material Except as set forth on Schedule 7.12, none of the Borrowers have any material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from Each of the Bank, the Borrower Borrowers further agrees agree to allow the Bank or its agent access to the properties of the Borrower Borrowers and its their Subsidiaries to confirm compliance with all Environmental Laws, and each of the Borrower Borrowers shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of any of the Borrower Borrowers in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s Borrowers’ sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. (i) The Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The , (ii) the operations of the Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately promptly notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material Substance or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material Substance or any other environmental, health or safety matter against matter, which materially affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The , and (iv) the Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous MaterialSubstance. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental LawsLaws (provided, however, that such access rights with respect to Railcars and other property subject to Leases shall be subject to the terms of such Leases; provided, further, that if the Bank reasonably requires access to a given Railcar or other property subject to a Lease for purposes of assessing the Borrower’s compliance with Environmental Laws and the related Lease prevents the Bank from gaining such access, the Borrower shall cooperate with and assist the Bank in obtaining such access), and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Each Borrower has represents, warrants and agrees with the Bank that (i) the Borrowers have not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous SubstancesMaterials, on or off any of the premises of the Borrower Borrowers (whether or not owned by it) in any a manner which at any time violates in any Material material respect any applicable Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will , (ii) the operations of Borrowers comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been is no investigation, proceeding, complaint, order, directive, claim, citation or notice involving Borrowers by any governmental authority or any other PersonPerson with respect to any Environmental Laws that is outstanding or unresolved, nor is any pending or, to the best of the Borrower’s such Borrowers’ knowledge, threatened, and the Borrower Borrowers shall immediately promptly notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate all actions required by applicable Environmental Laws to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower Borrowers or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the Borrower matter, which affects Borrowers or its their business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has Borrowers have transported, stored or disposed of any Hazardous Substances. The Borrower has Materials, (iv) Borrowers have no Material liability, contingent or otherwise, outstanding material liability in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from ; and (v) without limiting the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties generality of the Borrower and its Subsidiaries to confirm compliance with all Environmental Lawsforegoing, and the Borrower Borrowers shall, following a reasonable determination by the Bank that there is Material a material non-compliancecompliance that is not being resolved or corrected as required by applicable Environmental Laws, or any condition which requires any action by or on behalf of the Borrower Borrowers in order to avoid any Material material non-compliance, with any Environmental Law, at the Borrower’s Borrowers’ sole expense, cause an independent environmental engineer reasonably acceptable to the Bank to conduct such assessments or tests of the relevant site as are appropriateappropriate and reasonably necessary, and prepare and deliver a report setting forth the result of such assessments or tests, a proposed plan for corrective action or remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower No Obligor has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower such Obligor (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunderthereunder which could reasonably be expected to have a Material Adverse Effect. The Borrower Each Obligor will comply in all Material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunderthereunder except where the noncompliance of failure to obtain could not reasonably be expected to have a Material Adverse Effect. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority Governmental Authority or any other PersonPerson under any Environmental Laws, nor is any pending or, to the best of the Borrower’s knowledge, threatened, which could reasonably be expected to have a Material Adverse Effect, and the Borrower shall immediately promptly notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material alleged or actual non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower any Obligor or the alleged or actual release, spill or discharge, threatened or actual, of any Hazardous Material Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material Substances or any other environmental, health or safety matter against the Borrower matter, which affects any Obligor or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower any Obligor has transported, stored or disposed of any Hazardous Substances. The Borrower No Obligor has no Material any liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous MaterialSubstances which could reasonably be expected to have a Material Adverse Effect. Upon reasonable prior notice from the Bank, the Borrower Each Obligor further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries such Obligor to confirm material compliance with all Environmental Laws, and the Borrower shall, following the reasonable determination by the Bank that there is Material non-compliancematerial noncompliance, or any condition which requires any action by or on behalf of the Borrower any Obligor in order to avoid any Material non-compliancematerial noncompliance with any Environmental Law, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer reasonably acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower represents, warrants and agrees with the Bank that (i) Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous SubstancesMaterials, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The , (ii) the operations of Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s 's knowledge, threatened, and the Borrower shall immediately promptly notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or noticenotice that could reasonably result in any material loss, damage or fine, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-non- compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material by Borrower or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material by Borrower or any other environmental, health or safety matter against the matter, which affects Borrower or its business, operations or assets orassets, (iv) to the best of Borrower’s 's knowledge, any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from , and (v) without limiting the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties generality of the Borrower and its Subsidiaries to confirm compliance with all Environmental Lawsforegoing, and the Borrower shall, following a reasonable determination by the Bank that there is Material any material non-compliance, or any material environmental condition which requires any action by or on behalf of the Borrower in order to avoid any Material material non-compliance, with any Environmental Law, at the Borrower’s 's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such assessment or tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such assessment or tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower represents, warrants and agrees with the Agent that (i) the Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous SubstancesMaterials, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The , (ii) the operations of the Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s 's knowledge, threatened, and the Borrower shall immediately notify the Bank Agent upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Materials, (iv) the Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from , and (v) without limiting the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties generality of the Borrower and its Subsidiaries to confirm compliance with all Environmental Lawsforegoing, and the Borrower shall, following determination by the Bank Agent that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s 's sole expense, expense cause an independent environmental engineer acceptable to the Bank Agent to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time materially violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization required thereunder. The Borrower will comply complies in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations required thereunder. To Borrower’s knowledgeWithin the last two (2) years, there Xxxxxxxx has been no not received any written investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatenedthreatened in writing, and the Borrower shall immediately promptly notify the Bank upon becoming aware Lender after receiving written notice of any such [****]=[CONFIDENTIAL PORTION HAS BEEN OMMITTED BECAUSE (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF DISCLOSED. investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take reasonably prompt and appropriate actions to respond thereto, with respect to any Material material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the Borrower or its business, operations or assets or, to the Borrower’s knowledge, any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, discharge of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous MaterialSubstances. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank Lender or its agent access to the properties of the Borrower and its Subsidiaries Borrower, upon reasonable prior notice from the Lender, to confirm material compliance with all Environmental Laws, and the Borrower shall, following determination by the Bank Lender that there is Material material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliance, compliance with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer reasonably acceptable to the Bank Lender to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, and, if required by Environmental Laws, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower (whether or not owned by it) in any manner which at any time violates in any Material material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s knowledge, threatened, and the Borrower shall immediately promptly (but, in any event, within two (2) Business Days) notify the Bank Lender upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the The Borrower further agrees to allow the Bank Lender or its agent reasonable access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower shall, following a reasonable determination by the Bank Lender that there is Material material non-compliance, or any condition which requires any action by or on behalf of the Borrower in order to avoid any Material non-compliancecompliance in any material respect, with any Environmental Law, at the Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank Lender to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower represents, warrants and agrees with the Bank that (i) to the best knowledge of Borrower, neither the Borrower nor any Subsidiary has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous SubstancesMaterials, on or off any of the premises of the Borrower (whether or not owned by it) or Subsidiary in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The , (ii) to the best knowledge of Borrower, the operations of the Borrower will and each Subsidiary comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s 's knowledge, threatened, and the Borrower shall immediately notify the Bank upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower or any Subsidiary or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower or any Subsidiary has transported, stored or disposed of any Hazardous Substances. The Materials, (iv) to the best knowledge of Borrower, neither the Borrower nor any Subsidiary has no Material any material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from ; and (v) without limiting the Bank, the Borrower further agrees to allow the Bank or its agent access to the properties generality of the Borrower and its Subsidiaries to confirm compliance with all Environmental Lawsforegoing, and the Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower or any Subsidiary in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s 's sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Except as set forth on Schedule 7.9, no Borrower has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the any Borrower (whether or not owned by it) in any manner which at might reasonably be expected to have a Material Adverse Effect upon any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunderBorrower. The Each Borrower will comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledgeExcept as could not reasonably be expected to have a Material Adverse Effect, there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the each Borrower’s knowledge, threatened, and the . Each Borrower shall immediately notify the Bank in writing in five business days upon becoming aware receiving actual notice of any such investigation, proceeding, complaint, order, directive, claim, or citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the any Borrower or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the matter, which might reasonably be expected to have a Material Adverse Effect upon any Borrower. Except as set forth on Schedule 7.9, no Borrower or its business, operations or assets orhas, to the best of each Borrower’s knowledge, any properties at which the Borrower has transported, stored or disposed of any Hazardous Substances. The Borrower has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the Each Borrower further agrees to allow the Bank or its agent access to the properties of the such Borrower and its respective Subsidiaries to confirm compliance with all Environmental Laws, and the applicable Borrower shall, following determination by the Bank that there is Material non-compliance, or any condition which requires any action by or on behalf of the such Borrower in order to avoid any Material non-compliance, with any Environmental Law, at the such Borrower’s sole expense, cause an independent environmental engineer acceptable to the Bank to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation as is required under applicable Environmental Laws and an estimate of the costs thereof.. This Section 7.12 shall constitute the only representations that are made by each Borrower with respect to Environmental Laws and Hazardous Substances.

Environmental Laws and Hazardous Substances. The Borrower has Borrowers have not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous Substances, on or off any of the premises of the Borrower Borrowers (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will comply Borrowers are in compliance in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, there There has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s Borrowers’ knowledge, threatened, and the Borrower Borrowers shall immediately notify the Bank Lender upon becoming aware of any such investigation, Fourth Amended and Restated Loan and Security Agreement 33 Express Grain Terminals, LLC, et al. proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower Borrowers or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against the matter, which affects any Borrower or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the any Borrower has transported, stored or disposed of any Hazardous Substances. The No Borrower has no Material any material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from the Bank, the Borrower The Borrowers further agrees to allow the Bank Lender or its agent access to the properties of the Borrower and its Subsidiaries Borrowers to confirm compliance with all Environmental Laws, and the Borrower Borrowers shall, following determination by the Bank Lender that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower Borrowers in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s Borrowers’ sole expense, cause an independent environmental engineer acceptable to the Bank Lender to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.

Environmental Laws and Hazardous Substances. The Borrower Company represents, warrants and agrees with the Holder that (i) the Company has not generated, used, stored, treated, transported, manufactured, handled, produced or disposed of any Hazardous SubstancesMaterials, on or off any of the premises of the Borrower Company (whether or not owned by it) in any manner which at any time violates in any Material respect any Environmental Law or any license, permit, certificate, approval or similar authorization thereunder. The Borrower will , (ii) the operations of the Company comply in all Material material respects with all Environmental Laws and will obtain all Material licenses, permits certificates, approvals and similar authorizations thereunder. To Borrower’s knowledge, (iii) there has been no investigation, proceeding, complaint, order, directive, claim, citation or notice by any governmental authority or any other Person, nor is any pending or, to the best of the Borrower’s Company's knowledge, threatened, and the Borrower Company shall immediately notify the Bank Holder upon becoming aware of any such investigation, proceeding, complaint, order, directive, claim, citation or notice, and shall take prompt and appropriate actions to respond thereto, with respect to any Material non-compliance with, or violation of, the requirements of any Environmental Law by the Borrower Company or the release, spill or discharge, threatened or actual, of any Hazardous Material or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material or any other environmental, health or safety matter against matter, which affects the Borrower Company or its business, operations or assets or, to the Borrower’s knowledge, or any properties at which the Borrower Company has transported, stored or disposed of any Hazardous Substances. The Borrower Materials, (iv) the Company has no Material material liability, contingent or otherwise, in connection with a release, spill or discharge, threatened or actual, of any Hazardous Substances Materials or the generation, use, storage, treatment, transportation, manufacture, handling, production or disposal of any Hazardous Material. Upon reasonable prior notice from , and (v) without limiting the Bankgenerality of the foregoing, the Borrower further agrees to allow the Bank or its agent access to the properties of the Borrower and its Subsidiaries to confirm compliance with all Environmental Laws, and the Borrower Company shall, following determination by the Bank Holder that there is Material non-compliance, or any condition which requires any action by or on behalf of the Borrower Company in order to avoid any Material non-compliance, with any Environmental Law, at the Borrower’s Company's sole expense, expense cause an independent environmental engineer acceptable to the Bank Holder to conduct such tests of the relevant site as are appropriate, and prepare and deliver a report setting forth the result of such tests, a proposed plan for remediation and an estimate of the costs thereof.