Environmental Laws; Hazardous Materials. Except as otherwise disclosed in the Prospectus, or except as would not, singly or in the aggregate, have a Material Adverse Effect, (i) to the best knowledge of the Company, the Company and its subsidiaries have been and are in compliance with applicable Environmental Statutes (as hereinafter defined); (ii) to the best knowledge of the Company, none of the Company, any of its subsidiaries or any other owners of the property at any time or any other party has at any time released (as such term is defined in Section 101(22) of CERCLA (as hereinafter defined)) or otherwise disposed of Hazardous Materials (as hereinafter defined) on, to or from the Properties owned by the Company or any of its subsidiaries or any other real properties owned by the Company or any of its subsidiaries; (iii) the Company does not intend to use the Properties owned by the Company or any of its subsidiaries or any other real properties owned by the Company or any of its subsidiaries or any subsequently acquired properties, other than in compliance with applicable Environmental Statutes (as hereinafter defined); (iv) neither the Company nor any of its subsidiaries knows of any seepage, leak, discharge, release, emission, spill, or dumping of Hazardous Materials into waters (including, but not limited, to groundwater and surface water) on, beneath or adjacent to the Properties owned by the Company or any of its subsidiaries or any other real properties owned by the Company or any of its subsidiaries or onto lands from which Hazardous Materials might seep, flow or drain into such waters; (v) neither the Company nor any of its subsidiaries has received any notice of, or has any knowledge of any occurrence or circumstance which, with notice or passage of time or both, would give rise to a claim under or pursuant to any Environmental Statute with respect to the Properties owned by the Company or any of its subsidiaries or any other real properties owned by the Company or any of its subsidiaries or the assets described in the Prospectus or arising out of the conduct of the Company or its subsidiaries; (vi) none of the Properties owned by the Company or any of its subsidiaries or any other real properties owned by the Company or any of its subsidiaries is included or, to the best of the Company’s knowledge, proposed for inclusion on the National Priorities List issued pursuant to CERCLA by the United States Environmental Protection Agency (the “EPA”) or to the best of the Company’s knowled...
Environmental Laws; Hazardous Materials. (a) Ownership of Borrowers’ Property does not violate any applicable Law of any Governmental Authority or Tribunal or any restrictive covenant (recorded or otherwise), including without limitation all applicable flood disaster laws, water disposal permits, and Environmental Laws where such violation would have a Material Adverse Effect.
Environmental Laws; Hazardous Materials. (a) Except as disclosed on Schedule 5.13 or in the Sponsor’s filings with the SEC or as could not reasonably be expected to have a Material Adverse Effect, (i) the Sponsor’s operations and properties, and the operations and properties of each of its Subsidiaries, comply in all respects with all applicable Environmental Laws and Environmental Permits, and (ii) no circumstances exist that could reasonably be expected to (A) form the basis of an Environmental Action against the Sponsor or any of its Subsidiaries or any of their properties or (B) cause any such property to be subject to any restrictions on ownership, occupancy, use or transferability under any Environmental Law.
Environmental Laws; Hazardous Materials. Except as set forth in Schedule 6(a)(x), (A) to Seller’s current actual knowledge, without duty of inquiry or investigation, no Property or Excluded Fuel Service Equipment is in material violation, [****] for any material violation of any Environmental Laws; (B) to Seller’s current actual knowledge, without duty of inquiry or investigation, no Property has been subject to an unlawful deposit of any Hazardous Materials, or a deposit of Hazardous Materials that required investigation or remediation, beyond immediate remediation of de minimus spills of any Hazardous Materials; (C) except in material compliance with Environmental Laws, neither Seller nor, to Seller’s current actual knowledge, without duty of inquiry or investigation, any third party, has used, generated, manufactured, stored or disposed in, at, on, under or about any Property or transported to or from any Property any Hazardous Materials; (D) to Seller’s current actual knowledge, without duty of inquiry or investigation, there has been no release, discharge or migration of any Hazardous Materials from, into, on, under or about any Property in violation of Environmental Laws; (E) to Seller’s current actual knowledge, without duty of inquiry or investigation, there is no fact, condition or circumstance governed by Environmental Laws that would materially impair, limit or restrict the use of any Property for its current intended business purpose or its intended use as described in the Master Lease Agreements; and (F) to Seller’s current actual knowledge, without duty of inquiry or investigation, there is no amount of any mold at any Property that would materially impair, limit or restrict the use of any Property for its current intended business purpose or its intended use as described in the Master Lease Agreements.
Environmental Laws; Hazardous Materials. Except as set forth on --------------------------------------- SCHEDULE 4.16: -------------
Environmental Laws; Hazardous Materials. Except as set forth in Schedule 6(a)(x), to Seller’s knowledge, without inquiry, (A) the Property is not in violation or is currently under investigation for any violation, of any Environmental Laws; (B) the Property has not been subject to an unlawful deposit or a deposit that required investigation or remediation beyond immediate remediation of de minimis spills of any Hazardous Materials; (C) except in compliance with Environmental Laws, neither Seller nor any third party has used, generated, manufactured, stored or disposed in, at, on, under or about the Property or transported to or from the Property any Hazardous Materials; (D) there has been no release, discharge or migration of any Hazardous Materials from, into, on, under or about the Property in violation of Environmental Laws; (E) there is no fact, condition or circumstance governed by Environmental Laws that would materially impair, limit or restrict the use of the Property for its current intended business purpose or its intended use as described in the Lease Agreement; and (F) there is no amount of any mold at the Property that would materially impair, limit or restrict the use of any Property for its current intended business purpose or its intended use as described in the Lease Agreement.
Environmental Laws; Hazardous Materials. To Seller's Knowledge, except for cleaning, pest control, weed control, office and maintenance supplies used, generated and stored in compliance with the applicable Environmental Laws and ordinary and necessary quantities of Hazardous Materials contained in or de minimis quantities discharged from the ordinary operation of motor vehicles on the Properties, there have been no Releases of Hazardous Materials in, on, under, at or migrating to or from the Properties in quantities requiring investigation, remediation or notification to governmental authorities under applicable Environmental Laws or regulations promulgated thereunder; there has been no Release or threat of Release of any such Hazardous Materials in quantities requiring investigation, remediation or notification to governmental authorities under applicable Environmental Laws or regulations promulgated thereunder; none of the Properties are subject to enforcement action by any governmental entity as a result of the presence or former presence of leaked or spilled petroleum products, aboveground or underground storage tanks, or an accumulation of rubbish, debris or other solid waste in violation of applicable Environmental Laws, no environmental condition exists on any of the Properties that either (i) requires the owner of such Properties to report such condition to any federal, state or local governmental authority or agency thereof or (ii) requires the owner of such Properties to make a notation of such condition in any public records or conveyancing instrument upon the conveyance of any of such Properties. To its Knowledge, neither the Seller nor any of the LMG Subsidiaries has generated any Hazardous Materials that have been disposed of, whether lawfully or unlawfully, in any offsite facility (as defined in ss.101(9) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.ss.9601(9)) that could subject the Buyer to Liability under any Environmental Law.
Environmental Laws; Hazardous Materials. (a) Seller is, and at all times has been, in full compliance with, and has not been and is not in violation of or liable under, any Environmental Law.
Environmental Laws; Hazardous Materials. Other than as set forth in Schedule 4.17, each Obligor is in compliance with all Environmental Laws applicable to it, including, without limitation, the operations currently being conducted, or to be conducted, on the real property owned or leased by such Obligor, other than violations of such Laws which could not reasonably be expected to have a Material Adverse Effect. Other than as set forth in Schedule 4.17, no Obligor has received any summons, complaint, order or similar notice that it or its owned or leased real property is not in compliance with, or that any Tribunal is investigating its compliance with, Environmental Laws and is otherwise unaware of any contingent liability with respect to its owned or leased real property or such real property's noncompliance with Environmental Laws or its generation, handling, use, storage or disposal of Hazardous Materials.
Environmental Laws; Hazardous Materials. Except as set forth on Schedule 8.15 attached hereto:
