Common use of Environmental Liability Clause in Contracts

Environmental Liability. Except as set forth in Section 3.22 of the Subject Company 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 Subject Company 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 Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject Company, threatened, against Subject Company or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject Company. To the knowledge of Subject Company or any of its Subsidiaries, 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 Subject Company. To the knowledge of Subject Company, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such property. Neither Subject Company 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 Subject Company.

Environmental Liability. Except as set forth in Section 3.22 3.20 of the Subject Company 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 Subject Company 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 Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject Company, threatened, against Subject Company or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject Company. To the knowledge of Subject Company or any of its Subsidiaries, 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 Subject Company. To the knowledge of Subject Company, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect. Neither Subject Company 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 Subject Company.

Environmental Liability. Except as set forth in Section 3.22 4.21 of the Subject Company 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 Subject Company 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 Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject CompanyDime, threatened, threatened against Subject Company Dime or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject CompanyDime. To the knowledge of Subject Company or any of its SubsidiariesDime, 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 Subject CompanyDime. To the knowledge of Subject CompanyDime, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect on Dime. Neither Subject Company 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 Subject CompanyDime.

Environmental Liability. Except as set forth in Section 3.22 4.19 of the Subject Company Maxtor 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 Subject Company Maxtor or any of its Subsidiaries of any liability or obligation arising under common law standards relating to environmental protection, human health or safetysafety as it relates to exposure to hazardous materials, or under any local, state or federal environmental statute, regulation or ordinance, including, without limitation, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (collectively, the "“Environmental Laws"”), pending or, to the knowledge of Subject CompanyMaxtor, threatened, threatened against Subject Company Maxtor or any of its Subsidiaries, which liability or obligation would have obligation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on Subject CompanyMaxtor. To the knowledge of Subject Company or any of its SubsidiariesMaxtor, there is no reasonable basis for any such proceeding, claim, action or governmental investigation investigations of any nature that would impose any liability or obligation that would have which, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on Subject CompanyMaxtor. To the knowledge of Subject CompanyMaxtor, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on Maxtor. Neither Subject Company Maxtor 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 which, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on Subject CompanyMaxtor.

Environmental Liability. Except as set forth in Section 3.22 for such of the Subject Company Disclosure Schedulefollowing as would not, individually or in the aggregate, reasonably be expected to have a Hampton Material Adverse Effect (i) the operations of Hampton and its Subsidiaries are and, since January 1, 2000, have been in compliance with all applicable Environmental Laws, (ii) each of Hampton and its Subsidiaries possess and maintains in effect all environmental permits, licenses, authorizations and approvals required under Environmental Law with respect to the properties and business of Hampton and its Subsidiaries, and (iii) to the Knowledge of Hampton, since January 1, 2000, there has been no release of any Hazardous Materials in violation of any Environmental Law which would reasonably be expected to result in liability to Hampton or any of its Subsidiaries at any of its current or former operations. Except for such of the following as would not, individually or in the aggregate, reasonably be expected to have a Hampton Material Adverse Effect there are no legal, administrative, administrative or arbitral or other proceedings, claims, actions, causes of action, private environmental investigations or remediation activities or governmental investigations of any nature bodies seeking to impose, or that nor are there any Actions of any nature reasonably could be expected likely to result in the impositionimposition of, on Subject Company Hampton or any of its Subsidiaries of Subsidiaries, any liability or obligation arising under common law standards relating to environmental protection, human health or safety, the Environment or under any localEnvironmental Law, state nor are there any such liabilities or federal environmental statute, regulation or ordinance, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), obligations pending or, to the knowledge Knowledge of Subject CompanyHampton, threatened, threatened against Subject Company Hampton or any of its Subsidiaries. Except as reflected in the Hampton Financial Statements, which liability and except as would not, individually or obligation would have or would in the aggregate, reasonably be expected to have a Hampton Material Adverse Effect on Subject Company. To the knowledge of Subject Company or any of its SubsidiariesEffect, 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 Subject Company. To the knowledge of Subject Company, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such property. Neither Subject Company neither Hampton nor any of its Subsidiaries is subject to any agreement, order, judgment, decree, letter or memorandum Order by or with any court, governmental authority, regulatory agency Governmental Entity or third party imposing any material liability or obligation pursuant with respect to the foregoing. To the Knowledge of Hampton, as of the date hereof, the Hampton Financial Statements contain an adequate reserve as determined in accordance with GAAP for Environmental liabilities and obligations. Except as set forth in this Section 4.18, no representations or under any Environmental Law that would have or would reasonably be expected warranties are being made with respect to have a Material Adverse Effect on Subject Companyenvironmental matters.

Environmental Liability. Except as set forth in Section 3.22 4.20 of the Subject Company Providian 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 Subject Company Providian 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, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (collectively, the "“Environmental Laws"”), pending or, to the knowledge of Subject CompanyProvidian, threatened, threatened against Subject Company Providian or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject CompanyProvidian. To the knowledge of Subject Company or any of its SubsidiariesProvidian, 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 Subject CompanyProvidian. To the knowledge of Subject CompanyProvidian, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect on Providian. Neither Subject Company Providian 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 Subject CompanyProvidian.

Environmental Liability. Except as set forth in Section 3.22 3.20 of the Subject Company 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 Subject Company 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, without limitation, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (collectively, the "“Environmental Laws"”), pending or, to the knowledge of Subject CompanyBanknorth, threatened, threatened against Subject Company Banknorth or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject CompanyBanknorth. To the knowledge of Subject Company or any of its SubsidiariesBanknorth, 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 Subject CompanyBanknorth. To the knowledge of Subject CompanyBanknorth, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws (each, a “Hazardous Substance”) in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect on Banknorth. Neither Subject Company 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 Subject CompanyBanknorth.

Environmental Liability. Except as set forth in Section 3.22 5.17 of the Subject Company 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 Subject Company 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 local, state or federal environmental statute, regulation or ordinance, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject CompanyICBC, threatened, threatened against Subject Company ICBC or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject CompanyICBC. To the knowledge of Subject Company or any of its SubsidiariesICBC, 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 Subject CompanyICBC. To the knowledge of Subject CompanyICBC, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect on ICBC. Neither Subject Company 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 Subject CompanyICBC.

Environmental Liability. Except as set forth in Section 3.22 4.21 of the Subject Company 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 Subject Company 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 Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject CompanyLong Beach, threatened, threatened against Subject Company 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 Subject CompanyLong Beach. To the knowledge of Subject Company or any of its SubsidiariesLong 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 Subject CompanyLong Beach. To the knowledge of Subject CompanyLong 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect on Long Beach. Neither Subject Company 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 Subject CompanyLong Beach.

Environmental Liability. Except as set forth in Section 3.22 4.19 of the Subject Company SIB 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 Subject Company SIB 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, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject CompanySIB, threatened, threatened against Subject Company SIB or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject CompanySIB. To the knowledge of Subject Company or any of its SubsidiariesSIB, 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 Subject CompanySIB. To the knowledge of Subject CompanySIB, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect on SIB. Neither Subject Company SIB 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 Subject CompanySIB.

Environmental Liability. Except as set forth in Section 3.22 3.19 of the Subject Company 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 Subject Company 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 Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject Company, threatened, against Subject Company or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject Company. To the knowledge of Subject Company or any of its Subsidiaries, 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 Subject Company. To the knowledge of Subject Company, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect. Neither Subject Company 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 Subject Company.

Environmental Liability. Except as set forth in Section 3.22 4.19 of the Subject Company SunCoast 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 Subject Company SunCoast 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, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (collectively, the "“Environmental Laws"”), pending or, to the knowledge of Subject CompanySunCoast, threatened, threatened against Subject Company SunCoast or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject CompanySunCoast. To the knowledge of Subject Company or any of its SubsidiariesSunCoast, 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 Subject CompanySunCoast. To the knowledge of Subject CompanySunCoast, 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 hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such propertyproperty which would reasonably be expected to have a Material Adverse Effect on SunCoast. Neither Subject Company SunCoast 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 Subject CompanySunCoast.

Environmental Liability. Except as set forth in Section 3.22 4.21 of the Subject Company Bank United Corp. 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 Subject Company Bank United Corp. 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 Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject CompanyBank United Corp., threatened, threatened against Subject Company Bank United Corp. or any of its Subsidiaries, which liability or obligation would have or would reasonably be expected to have a Material Adverse Effect on Subject Company. Bank United Corp. To the knowledge of Subject Company or any of its SubsidiariesBank United Corp., 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 Subject Company. Bank United Corp. To the knowledge of Subject CompanyBank United Corp., 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 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 Bank United Corp. Neither Subject Company Bank United Corp. 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 Subject Company.Bank United Corp.

Environmental Liability. Except (i) The Parent and, to Parent’s Knowledge (except as set forth in Section 3.22 written third party environmental reports included in the relevant loan documentation regarding real property securing a Loan made in the ordinary course of the Subject Company Disclosure Schedulebusiness to a third party that is not an Affiliate of Parent), there any property in which Parent holds a security interest, is in material compliance with all Environmental Laws. (ii) There are no legal, administrative, arbitral or other proceedings, claimsclaims or actions pending, actionsor, causes to the Knowledge of actionParent, private threatened against Parent, nor are there governmental or third party environmental investigations or remediation activities or governmental investigations of any nature seeking that seek to impose, impose or that could reasonably could be expected to result in the imposition, imposition on Subject Company or any of its Subsidiaries Parent 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 Response, Compensation and Liability Act of 1980, as amended (collectively, the "Environmental Laws"), pending or, to the knowledge of Subject Company, threatened, against Subject Company or any of its SubsidiariesLaw, which liability or obligation would have or would reasonably be expected to, individually or in the aggregate, be material to have a Material Adverse Effect on Subject CompanyParent. To the knowledge Knowledge of Subject Company or any of its SubsidiariesParent, there is no reasonable basis for any such proceeding, claim, action or governmental investigation that would impose any liability or obligation that would have be or would reasonably be expected to have be, individually or in the aggregate, material to Parent. (iii) Except as set forth in written third party environmental reports included in the relevant loan documentation regarding real property securing a Material Adverse Effect on Subject Company. To Loan made in the knowledge ordinary course of Subject Companybusiness to a third party that is not an Affiliate of Parent, to the Knowledge of Parent, during or prior to the period of (iA) its or any of its Subsidiaries' Parent’s ownership or operation of any of their respective current propertiesproperty, (iiB) its or any of its Subsidiaries' Parent’s participation in the management of any property, property or (iiiC) its or any of its Subsidiaries' Parent’s holding of a security interest or other interest in any property, there were no releases or threatened releases of hazardous, toxic, radioactive or dangerous materials or other materials regulated under Environmental Laws in, on, under or affecting any such property. Neither Subject Company nor any of its Subsidiaries property that would reasonably be expected to be, individually or in the aggregate, material to Parent. (iv) The Parent is not subject to any agreement, order, judgment, decree, letter judgment or memorandum decree by or with any court, governmental authority, regulatory agency or third party imposing any material liability or obligation pursuant with respect to the foregoing. There has been no written third party environmental site assessment conducted since January 1, 2011 assessing the presence of hazardous materials located on any property owned or under any Environmental Law leased by Parent that would have is within the possession or would reasonably be expected control of Parent and its Affiliates as of the date of this Agreement that has not been delivered to have a Material Adverse Effect on Subject Companythe Company prior to the date of this Agreement.