Environmental Reports. Lender shall have received an environmental report in respect of the Property, in each case reasonably satisfactory to Lender.
Environmental Reports. Furnish Agent, concurrently with the delivery of the financial statements referred to in Sections 9.7 and 9.8, with a certificate signed by the President of Borrowing Agent stating, to the best of his knowledge, that each Borrower is in compliance in all material respects with all federal, state and local Environmental Laws. To the extent any Borrower is not in compliance with the foregoing laws, the certificate shall set forth with specificity all areas of non-compliance and the proposed action such Borrower will implement in order to achieve full compliance.
Environmental Reports. Lender shall have received a Phase I environmental report (and, if recommended by the Phase I environmental report, a Phase II environmental report) in respect of the Property, in each case satisfactory in form and substance to Lender.
Environmental Reports. Upon the occurrence and during the continuance of an Environmental Event with respect to the Property or an Event of Default, Lender shall have the right to direct Borrower to obtain consultants reasonably approved by Lender to perform a comprehensive environmental audit of the Property. Such audit shall be conducted by an environmental consultant chosen by Lender and may include a visual survey, a record review, an area reconnaissance assessing the presence of hazardous or toxic waste or substances, PCBs or storage tanks at the Property, an asbestos survey of the Property, which may include random sampling of the Improvements and air quality testing, and such further site assessments as Lender may reasonably require due to the results obtained from the foregoing. Borrower grants Lender, its agents, consultants and contractors the right to enter the Property as reasonable or appropriate for the circumstances for the purposes of performing such studies and the reasonable cost of such studies shall be due and payable by Borrower to Lender upon demand and shall be secured by the Lien of the Security Instrument. Lender shall not unreasonably interfere with, and Lender shall direct the environmental consultant to use its commercially reasonable efforts not to hinder, Borrower’s or any Tenant’s, other occupant’s or Manager’s operations upon the Property when conducting such audit, sampling or inspections. By undertaking any of the measures identified in and pursuant to this Section 12.3, Lender shall not be deemed to be exercising any control over the operations of Borrower or the handling of any environmental matter or hazardous wastes or substances of Borrower for purposes of incurring or being subject to liability therefor.
Environmental Reports. Administrative Agent shall have received reports and other information, in form, scope and substance satisfactory to Administrative Agent, regarding environmental matters relating to the Facilities.
Environmental Reports. Agent shall have received all environmental studies and reports prepared by independent environmental engineering firms with respect to all Real Property owned or leased by any Borrower;
Environmental Reports. 28 5.7 Appraisals ................................................... 28 5.8
Environmental Reports. Heartland shall provide to Banterra, as soon as reasonably practical, but not later than sixty (60) days after the date hereof, a report of a phase one environmental investigation on all real property owned (including, without limitation, Other Real Estate Owned and property leased or operated by Heartland or any of its subsidiaries as of the date hereof (other than space in retail and similar establishments leased by Heartland or any of its subsidiaries for automatic teller machines)) and within ten (10) days after the acquisition or lease of any real property acquired or leased by Heartland or its subsidiaries after the date hereof (but excluding space in office or retail and similar establishments leased by Heartland or its subsidiaries for automatic teller machines), except as otherwise provided in Section 4.01(b)(xiv) hereof. If required by the phase one investigation in Banterra's reasonable opinion, Heartland shall provide to Banterra, within sixty (60) days of the receipt by Heartland of the request of Banterra therefor, a report of a phase two investigation on properties requiring such additional study. Banterra shall have fifteen (15) business days from the receipt of any such phase two investigation report to notify Heartland of any dissatisfaction with the contents of such report. Should the cost of taking all remedial or other corrective actions and measures (i) required by applicable law or reasonably likely to be required by applicable law, or (ii) recommended or suggested by such report or reports or prudent in light of serious life, health or safety concerns, in the aggregate, exceed the sum of One Hundred Thousand Dollars ($100,000) as reasonably estimated by an environmental expert retained for such purpose by Banterra and reasonably acceptable to Heartland, or if the cost of such actions and measures cannot be so reasonably estimated by such expert to be such amount or less with any reasonable degree of certainty, then Banterra shall have the right pursuant to Section 7.03 hereof, for a period of fifteen (15) business days following receipt of such estimate or indication that the cost of such actions and measures can not be so reasonably estimated, to terminate this Agreement, which shall be Banterra's sole remedy in such event.
Environmental Reports. Copy of any environmental reports or site assessments related to the Property prepared for the benefit of Seller;
Environmental Reports. Mezzanine Lender shall have received an Environmental Report in respect of the Property satisfactory to Mezzanine Lender.
