Environmental Litigation. No suit, claim, action or proceeding of ------------------------ which any Obligor has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the knowledge of any of the Borrower and its Subsidiaries, threatened by any Person (nor to the knowledge of any of the Borrower and its Subsidiaries, does any factual basis exist therefor) for, and none of the Borrower and its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to: (a) noncompliance by the Borrower or any Subsidiary thereof with any Environmental Law; (b) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Borrower or any Subsidiary thereof (including products made of, containing or incorporating asbestos, lead or other hazardous materials, commodities or toxic substances); or (c) the release into the environment by the Borrower or any Subsidiary thereof of any Hazardous Material generated by the Borrower or any Subsidiary thereof whether or not occurring at or on a site owned, leased or operated by the Borrower or any Subsidiary thereof.
Appears in 1 contract
Sources: Credit Agreement (Ameripath Inc)
Environmental Litigation. No suit, claim, action or proceeding ------------------------ of ------------------------ which the Company or any Obligor of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the knowledge of Company's or any of the Borrower and its SubsidiariesSubsidiaries knowledge, threatened by any Person (nor to the knowledge of Company's or any of the Borrower and its Subsidiaries' knowledge, does any factual basis exist therefor) for, and none neither the Company nor any of the Borrower and its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to:
(a) noncompliance by the Borrower Company or any Subsidiary thereof of its Subsidiaries with any Environmental Law;
(b) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Borrower Company or any Subsidiary thereof of its Subsidiaries (including products made of, containing or incorporating asbestos, lead or other hazardous materials, commodities or toxic substances)Hazardous Material; or
(c) the release into the environment by the Borrower Company or any Subsidiary thereof of its Subsidiaries of any Hazardous Material generated by the Borrower Company or any Subsidiary thereof of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by the Borrower Company or any Subsidiary thereofof its Subsidiaries.
Appears in 1 contract
Sources: Credit Agreement (Westower Corp)
Environmental Litigation. No suit, claim, action or ------------------------ proceeding of ------------------------ which the Parent or any Obligor of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the knowledge of Parent's or any of the Borrower and its SubsidiariesSubsidiaries knowledge, threatened by any Person (nor to the knowledge of Parent's or any of the Borrower and its Subsidiaries' knowledge, does any factual basis exist therefor) for, and none neither the Parent nor any of the Borrower and its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to:
(a) noncompliance by the Borrower Parent or any Subsidiary thereof of its Subsidiaries with any Environmental Law;
(b) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Borrower Parent or any Subsidiary thereof of its Subsidiaries (including products made of, containing or incorporating asbestos, lead or other hazardous materials, commodities or toxic substances)Hazardous Material; or
(c) the release into the environment by the Borrower Parent or any Subsidiary thereof of its Subsidiaries of any Hazardous Material generated by the Borrower Parent or any Subsidiary thereof of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by the Borrower Parent or any Subsidiary thereofof its Subsidiaries.
Appears in 1 contract
Sources: Bridge Loan Agreement (Advanced Radio Telecom Corp)
Environmental Litigation. No suit, claim, action or proceeding of ------------------------ which the Holding Company or any Obligor of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the knowledge of Holding Company's or any of the Borrower and its SubsidiariesSubsidiaries knowledge, threatened by any Person (nor to the knowledge of Holding Company's or any of the Borrower and its Subsidiaries' knowledge, does any factual basis exist therefor) for, and none neither the Holding Company nor any of the Borrower and its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to:
(a) noncompliance by the Borrower Holding Company or any Subsidiary thereof of its Subsidiaries with any Environmental Law;
(b) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Borrower Holding Company or any Subsidiary thereof of its Subsidiaries (including products made of, containing or incorporating asbestos, lead or other hazardous materials, commodities or toxic substances); or
(c) the release into the environment by the Borrower Holding Company or any Subsidiary thereof of its Subsidiaries of any Hazardous Material generated by the Borrower Holding Company or any Subsidiary thereof of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by the Borrower Holding Company or any Subsidiary thereofof its Subsidiaries.
Appears in 1 contract
Sources: Credit Agreement (Playcore Inc)
Environmental Litigation. No suit, claim, action or ------------------------ proceeding of ------------------------ which the Company or any Obligor of its Subsidiaries has been given notice or otherwise has knowledge is now pending before any court, governmental agency or board or other forum, or to the knowledge of Company's or any of the Borrower and its SubsidiariesSubsidiaries knowledge, threatened by any Person (nor to the knowledge of Company's or any of the Borrower and its Subsidiaries' knowledge, does any factual basis exist therefor) for, and none neither the Company nor any of the Borrower and its Subsidiaries have received written correspondence from any federal, state or local governmental authority with respect to:
(a1) noncompliance by the Borrower Company or any Subsidiary thereof of its Subsidiaries with any Environmental Law;
(b2) personal injury, wrongful death or other tortious conduct relating to materials, commodities or products used, generated, sold, transferred or manufactured by the Borrower Company or any Subsidiary thereof of its Subsidiaries (including products made of, containing or incorporating asbestos, lead or other hazardous materialsHazardous Material, commodities or toxic substances); or
(c3) the release into the environment by the Borrower Company or any Subsidiary thereof of its Subsidiaries of any Hazardous Material generated by the Borrower Company or any Subsidiary thereof of its Subsidiaries whether or not occurring at or on a site owned, leased or operated by the Borrower Company or any Subsidiary thereofof its Subsidiaries.
Appears in 1 contract