Environmental Matters; Compliance with Laws. (a) The Borrower, and each of its Subsidiaries, shall:
Environmental Matters; Compliance with Laws. Grantor warrants and represents to Beneficiary that (a) the occupancy, operation, and use of the Property shall not violate any applicable law, statute, ordinance, rule, regulation, order, or determination of any governmental authority or any board of fire underwriters (or other body exercising similar functions), or any restrictive covenant or deed restriction (of record or otherwise) affecting the Property, including, without limitation, applicable zoning ordinances and building codes, the Americans with Disabilities Act of 1990, flood disaster laws and health and environmental laws and regulations (hereinafter sometimes collectively called the “Applicable Regulations”); (b) Grantor and any lessee of space from Grantor in the Property shall obtain all permits, licenses, or similar authorizations required by reason of any Applicable Regulations pertaining to health or the environment (hereinafter sometimes collectively called “Applicable Environmental Laws”), including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) and the Resource Conservation and Recovery Act of 1976 (“RCRA”), as each is amended from time to time; and (c) the use that Grantor intends to make, or intends to allow, of the Property will not result in the disposal of or release of any hazardous substance or solid waste onto or into the Property, or any part thereof, in violation of any Applicable Environmental Laws. The terms (as used in this Deed of Trust) “hazardous substance” and “release” have the meanings specified in CERCLA, and the terms “solid waste” and “disposal” (or “disposed”) have the meanings specified in RCRA. If either CERCLA or RCRA is amended to broaden the meaning of any term defined thereby, the broader meaning shall apply to this provision after the effective date of the amendment. Moreover, to the extent that Texas law establishes a meaning for “hazardous substance”, “release”, “solid waste”, or “disposal” that is broader than that specified in either CERCLA or RCRA, the broader meaning shall apply. Beneficiary (through its officers, employees and agents) at any reasonable time and from time to time, either prior to or after Default in this Deed of Trust or under the Note secured hereby, may employ persons (the “Site Reviewers”) to conduct environmental site assessments (“Site Assessments”) on the Property to determine whether or not there exists on the Property any environmental condition which might r...
Environmental Matters; Compliance with Laws. (a) ------------------------------------------- Except as disclosed in the Filed Company SEC Documents, there are no claims, investigations or administrative actions not disclosed in the Company Disclosure Letter pending or, to the Knowledge of the Company, threatened against or affecting the Company or any Company Subsidiary arising from or related to the harmful effects of, or the removal or remediation of, hazardous substances or pollutants that has had or would be reasonably expected to have a Company Material Adverse Effect.
Environmental Matters; Compliance with Laws. (A) For purposes of this Agreement:
Environmental Matters; Compliance with Laws. (a) Borrower shall:
Environmental Matters; Compliance with Laws. (a) Each Company shall:
Environmental Matters; Compliance with Laws. Except as described in writing by Borrower to Collateral Agent and Lenders, Borrower's operations and Properties comply in all material respects with applicable Environmental Laws. None of Borrower's operations or Properties are subject to any judicial or administrative proceedings alleging violation of any applicable Environmental Law, which violation is likely to result in a material obligation to pay money or other remedial action or order which is likely to have a Material Adverse Effect. To the best of Borrower's knowledge, none of Borrower's operations or Properties are the subject of investigation by any governing authority regarding the improper transportation, storage, disposal, generation or release into the environment of any Hazardous Waste, the results of which are likely to have a Material Adverse Effect. Mortgaged Property located in the State of Indiana contains no facilities which are subject to reporting under Section 313 of the Federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11022), is not the site of any underground storage tanks for which notification is required under 42 U.S.C. Section 6991a and IND. CODE Section 13-7-20-13(8)(A), and is not listed on the Comprehensive Environmental Response, Compensation and Liability Information System in accordance with Section 116 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. With respect to compliance with laws other than Environmental Laws, Borrower has duly complied in all material respects with, and its Properties, business operations and leaseholds are in compliance in all material respects with, the provisions of all federal, state and local laws, rules and regulations applicable to Borrower, its Properties or the conduct of its business and there have been no citations, notices or orders of noncompliance issued to Borrower or any of its Subsidiaries under any such law, rule or regulation in each case where the failure so to comply could reasonably be expected to cause a Material Adverse Effect.
Environmental Matters; Compliance with Laws. (a) Borrower, and its Subsidiaries, shall comply, and cause all properties, assets, and operations owned or used by such Borrower and its Subsidiaries to comply, with (i) all Laws, including, without limitation, all Environmental Laws and all other applicable zoning, occupational safety, health, employment, discrimination, labor and other Laws and regulations, (ii) the provisions and requirements of all franchises, licenses, permits and certificates of compliance and approvals issued by Governmental Bodies and with other like grants of authority held by the Borrower or its Subsidiaries in connection with its business, and (iii) all applicable material decrees, orders and judgments.
Environmental Matters; Compliance with Laws. The Seller has obtained all material permits, licenses, registrations, consents and other authorizations that are required with respect to the operation of the Business under any applicable Environmental Law (the “Environmental Permits”), and all such Environmental Permits are in full force and effect. To the Knowledge of the Seller, all of the real property leased by the Seller (as set forth on Schedule 2.18(b)) is free of any Hazardous Substances and free of all contamination arising from, relating to, or resulting from any such Hazardous Substances that could cause the Seller to incur any Environmental Costs. To the Knowledge of the Seller, there are no underground or aboveground storage tanks, incinerators or surface impoundments at, on, or about, under or within any real property or tangible assets owned, operated or controlled in whole or in part by the Seller. The Seller is now and has always been in compliance, in all material respects, with applicable Environmental Laws. The Seller has not been requested or required by any governmental authority at any time to perform any investigatory or remedial activity or other action in connection with any Environmental Matter, and the Seller is not aware of any basis for any such request or requirement.
Environmental Matters; Compliance with Laws. (a) Seller, the Company and their Subsidiaries have obtained all material permits, licenses, registrations, consents and other authorizations that are required with respect to the operation of their respective businesses under any applicable Environmental Law (the "ENVIRONMENTAL PERMITS"), and all Environmental Permits are in full force and effect; (b) to the Knowledge of Seller, all of the real property leased by Seller, the Company or any of their Subsidiaries is free of any Hazardous Substances and free of all contamination arising from, relating to, or resulting from any such Hazardous Substances that could cause Seller, the Company or any of their Subsidiaries to incur any Environmental Costs; (c) to the Knowledge of Seller, there are no underground or aboveground storage tanks, incinerators or surface impoundments at, on, or about, under or within any real property or tangible assets owned, operated or controlled in whole or in part by Seller, the Company or any of their Subsidiaries; and (d) Seller, the Company and their Subsidiaries are now and have always been in compliance, in all material respects, with applicable Environmental Laws; and (e) Seller, the Company and their Subsidiaries have not been requested or required by any governmental authority at any time to perform any investigatory or remedial activity or other action in connection with any Environmental Matter, and Seller and the Company are not aware of any basis for any such request or requirement.
