Common use of Environmental Liability Clause in Contracts

Environmental Liability. Except as set forth in Section 5.16 of the TD Banknorth Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the imposition, on TD Banknorth or any of its Subsidiaries of any liability or obligation arising under any Environmental Law pending or, to the Knowledge of TD Banknorth, threatened against TD Banknorth or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD Banknorth. To the Knowledge of TD Banknorth, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD Banknorth. To the Knowledge of TD Banknorth, during or prior to the period of (i) its or any of its Subsidiaries’ ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ participation in the management of any property, or (iii) its or any of its Subsidiaries’ holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD Banknorth. Neither TD Banknorth nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD Banknorth.

Environmental Liability. Except as set forth in Section 5.16 4.19 of the TD Banknorth Hxxxxx United Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the imposition, on TD Banknorth Hxxxxx United or any of its Subsidiaries of any liability or obligation arising under any Environmental Law pending or, to the Knowledge of TD BanknorthHxxxxx United, threatened against TD Banknorth Hxxxxx United or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthHxxxxx United. To the Knowledge of TD BanknorthHxxxxx United, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthHxxxxx United. To the Knowledge of TD BanknorthHxxxxx United, during or prior to the period of (i) its or any of its Subsidiaries’ ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ participation in the management of any property, property or (iii) its or any of its Subsidiaries’ holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD BanknorthHxxxxx United. Neither TD Banknorth Hxxxxx United nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthHxxxxx United.

Environmental Liability. Except as set forth in Section 5.16 5.17 of the TD Banknorth ICBC Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the imposition, on TD Banknorth ICBC or any of its Subsidiaries of any liability or obligation arising under common law standards relating to environmental protection, human health or safety, or under any the Environmental Law Laws, pending or, to the Knowledge knowledge of TD BanknorthICBC, threatened against TD Banknorth ICBC or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthICBC. To the Knowledge knowledge of TD BanknorthICBC, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthICBC. To the Knowledge knowledge of TD BanknorthICBC, during or prior to the period of (i) its or any of its Subsidiaries’ ' ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ ' participation in the management of any property, or (iii) its or any of its Subsidiaries’ ' holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD BanknorthICBC. Neither TD Banknorth ICBC nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthICBC.

Environmental Liability. Except as set forth in Section 5.16 4.21 of the TD Banknorth Dime Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the imposition, on TD Banknorth Dime or any of its Subsidiaries of any liability or obligation arising under common law standards relating to environmental protection, human health or safety, or under any local, state or federal environmental statute, regulation or ordinance, including, without limitation, the Comprehensive Environmental Law Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the Knowledge knowledge of TD BanknorthDime, threatened against TD Banknorth Dime or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthDime. To the Knowledge knowledge of TD BanknorthDime, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthDime. To the Knowledge knowledge of TD BanknorthDime, during or prior to the period of (i) its or any of its Subsidiaries’ ' ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ ' participation in the management of any property, or (iii) its or any of its Subsidiaries’ ' holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD BanknorthDime. Neither TD Banknorth Dime nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthDime.

Environmental Liability. Except as set forth in Section 5.16 4.21 of the TD Banknorth Northern Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the impositionimposition of, on TD Banknorth or any of its Subsidiaries of Northern any liability or obligation arising under common law standards relating to environmental protection, human health or safety, or arising under any local, state or federal environmental statute, regulation or ordinance, including, without limitation, the Comprehensive Environmental Law Response, Compensation and Liability Act of 1980, as amended (collectively, the "ENVIRONMENTAL LAWS"), pending or, to the Knowledge knowledge of TD BanknorthNorthern, threatened against TD Banknorth or any of its SubsidiariesNorthern, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthNorthern. To the Knowledge knowledge of TD BanknorthNorthern, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthNorthern. To the Knowledge knowledge of TD BanknorthNorthern, during or prior to the period of (i) its or any of its Subsidiaries’ ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ participation in the management of any property, or (iii) its or any of its Subsidiaries’ holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD BanknorthNorthern. Neither TD Banknorth nor any of its Subsidiaries Northern is not subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthNorthern.

Environmental Liability. Except as set forth in Section 5.16 4.21 of the TD Banknorth Long Beach Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the imposition, on TD Banknorth Long Beach or any of its Subsidiaries of any liability or obligation arising under common law standards relating to environmental protection, human health or safety, or under any local, state or federal environmental statute, regulation or ordinance, including, without limitation, the Comprehensive Environmental Law Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the Knowledge knowledge of TD BanknorthLong Beach, threatened against TD Banknorth Long Beach or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthLong Beach. To the Knowledge knowledge of TD BanknorthLong Beach, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthLong Beach. To the Knowledge knowledge of TD BanknorthLong Beach, during or prior to the period of (i) its or any of its Subsidiaries’ , ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ , participation in the management of any property, or (iii) its or any of its Subsidiaries’ ' holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD BanknorthLong Beach. Neither TD Banknorth Long Beach nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthLong Beach.

Environmental Liability. Except as set forth in Section 5.16 of the TD Banknorth Disclosure Schedule, there There are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the imposition, on TD Banknorth Interchange or any of its Subsidiaries of any liability or obligation arising under any Environmental Law pending or, to the Knowledge of TD BanknorthInterchange, threatened against TD Banknorth Interchange or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthInterchange. To the Knowledge of TD BanknorthInterchange, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthInterchange. To the Knowledge of TD BanknorthInterchange, during or prior to the period of (i) its or any of its Subsidiaries’ ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ participation in the management of any property, property or (iii) its or any of its Subsidiaries’ holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD BanknorthInterchange. Neither TD Banknorth Interchange nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthInterchange.

Environmental Liability. Except as set forth in Section 5.16 3.20 of the TD Banknorth Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the imposition, on TD Banknorth or any of its Subsidiaries of any liability or obligation arising under common law standards relating to environmental protection, human health or safety, or under any local, state or federal environmental statute, regulation or ordinance, including the Comprehensive Environmental Law Response, Compensation and Liability Act of 1980, as amended (collectively, the “Environmental Laws”), pending or, to the Knowledge knowledge of TD Banknorth, threatened against TD Banknorth or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD Banknorth. To the Knowledge knowledge of TD Banknorth, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD Banknorth. To the Knowledge knowledge of TD Banknorth, during or prior to the period of (i) its or any of its Subsidiaries’ ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ participation in the management of any property, or (iii) its or any of its Subsidiaries’ holding of a security interest or other interest in any property, there were no releases or threatened releases of any hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws (each, a “Hazardous Substance Substance”) in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD Banknorth. Neither TD Banknorth nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD Banknorth.

Environmental Liability. Except as set forth in Section 5.16 4.19 of the TD Banknorth Ameritrade Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that are reasonably could be expected likely to result in the imposition, on TD Banknorth Ameritrade or any of its Subsidiaries of any liability or obligation arising under any common law standards relating to environmental protections, human health or safety, or under Environmental Law Laws, pending or, to the Knowledge knowledge of TD BanknorthAmeritrade, threatened threatened, against TD Banknorth Ameritrade or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect on TD BanknorthAmeritrade. To the Knowledge knowledge of TD BanknorthAmeritrade, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect on TD BanknorthAmeritrade. To Except as set forth in Section 4.19 of the Knowledge Ameritrade Disclosure Schedule, to the knowledge of TD BanknorthAmeritrade, during or prior to the period of (i) its the ownership by Ameritrade or any of its Subsidiaries’ ownership or operation Subsidiaries of any of their respective current properties, (ii) its the participation by Ameritrade or any of its Subsidiaries’ participation Subsidiaries in the management of any property, or (iii) its the holding by Ameritrade or any of its Subsidiaries’ holding Subsidiaries of a security interest or other interest in any property, there were no releases or threatened releases release of any Hazardous Substance Materials in, on, under or affecting any such property which would reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect on TD BanknorthAmeritrade. Neither TD Banknorth Ameritrade nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency Governmental Authority or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect on TD BanknorthAmeritrade. Notwithstanding the generality of any other representations and warranties in this Agreement, the representations and warranties in this Section 4.19 shall be deemed the only representations and warranties of Ameritrade in this Agreement with respect to matters relating to Environmental Laws or to Hazardous Materials.

Environmental Liability. Except as set forth in Section 5.16 4.19 of the TD Banknorth Hxxxxx United Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could be expected to result in the imposition, on TD Banknorth Hxxxxx United or any of its Subsidiaries of any liability or obligation arising under any Environmental Law pending or, to the Knowledge of TD BanknorthHxxxxx United, threatened against TD Banknorth Hxxxxx United or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthHxxxxx United. To the Knowledge of TD BanknorthHxxxxx United, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthHxxxxx United. To the Knowledge of TD BanknorthHxxxxx United, during or prior to the period of (i) its or any of its Subsidiaries’ ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ participation in the management of any property, property or (iii) its or any of its Subsidiaries’ holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance in, on, under or affecting any such property which would reasonably be expected to have a Material Adverse Effect on TD BanknorthHxxxxx United. Neither TD Banknorth Hxxxxx United nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthHxxxxx United.

Environmental Liability. Except as set forth in Section 5.16 5.17 of the TD Banknorth Washington Mutual Disclosure Schedule, there are no legal, administrative, arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature seeking to impose, or that reasonably could would be expected to result in the imposition, on TD Banknorth Washington Mutual or any of its Subsidiaries of any liability or obligation arising under any Environmental Law Law, pending or, to the Knowledge knowledge of TD BanknorthWashington Mutual, threatened threatened, against TD Banknorth Washington Mutual or any of its Subsidiaries, which liability or obligation would have or that would reasonably be expected to have a Material Adverse Effect on TD BanknorthWashington Mutual. To the Knowledge knowledge of TD BanknorthWashington Mutual, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthWashington Mutual. To the Knowledge knowledge of TD BanknorthWashington Mutual, during or prior to the period of (i) its or any of its Subsidiaries’ ' ownership or operation of any of their respective current properties, (ii) its or any of its Subsidiaries’ ' participation in the management of any property, or (iii) its or any of its Subsidiaries’ ' holding of a security interest or other interest in any property, there were no releases or threatened releases of any Hazardous Substance hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such property property, which would reasonably be expected to have a Material Adverse Effect on TD BanknorthWashington Mutual. Neither TD Banknorth Washington Mutual nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant to or under any Environmental Law that would have or would reasonably be expected to have a Material Adverse Effect on TD BanknorthWashington Mutual.