Common use of Environmental Status Clause in Contracts

Environmental Status. Except as disclosed on Schedule 11.16 hereto, (i) the operations of the Company and each of its Subsidiaries comply in all material respects with all applicable Environmental Laws; (ii) the Company and each of its Subsidiaries have no environmental, health and safety Permits and to the best of the Company's knowledge, no such permits are necessary for its operation; (iii) the Company and each of its Subsidiaries and all of their present Facilities or operations, as well as to the knowledge of the Company and its Subsidiaries their past Facilities or operations, are not subject to any outstanding written order or agreement with any governmental authority or private party respecting (a) any Environmental Laws, (b) any Remedial Action, or (c) any Environmental Claims arising from the Release of a Hazardous Material into the environment; (iv) none of the operations of the Company or any of its Subsidiaries is subject to any judicial or administrative proceeding under any Environmental Law; (v) to the best of the knowledge of the Company and its Subsidiaries, none of the operations of the Company or any of its Subsidiaries is the subject of any Federal or state investigation evaluating whether any Remedial Action is needed to respond to a Release of any Hazardous Material into the environment in violation of any Environmental Law; (vi) neither the Company nor any of its Subsidiaries or to the knowledge of the Company and its Subsidiaries any predecessor of the Company or any Subsidiary has filed any notice under Environmental Law indicating past or present treatment, storage, or disposal of a hazardous waste in violation of any Environmental Law or reporting a Release of a Hazardous Material into the environment; (vii) to the best of the knowledge of the Company and its Subsidiaries, neither the Company nor any of its Subsidiaries has any contingent liability in connection with any Release of any Hazardous Material into the environment; (viii) none of the Company's or any Subsidiary's operations involve the generation, transportation, treatment or disposal of hazardous waste, as defined under 40 C.F.R. Parts 260-270 or any applicable state equivalent; (ix) neither the Company nor any of its Subsidiaries has disposed of any Hazardous Material by placing it in or on the ground or waters of any premises owned, leased or used by the Company or such Subsidiary and to the knowledge of the Company and its Subsidiaries neither has any lessee, prior owner, or other person; (x) to the best knowledge of the Company no underground storage tanks or surface impoundments, as referred to in the Environmental Laws, are on the Company's or any of its Subsidiaries' Facilities; and (xi) to the best knowledge of the Company no Lien in favor of any governmental authority for (A) any liability under Environmental Laws or regulations, or (B) damages arising from or costs incurred by such governmental authority in response to a Release of a Hazardous Material into the environment, has been filed or attached to the Company's or any of its Subsidiaries' Facilities; provided that a breach of a representation under this Section 11.16 by the Company or any of its Subsidiaries shall not constitute an Event of Default under Section 10.1 unless such breach may reasonably be expected to result in liability to the Company or any of its Subsidiaries in excess of $100,000 or result in a Material Adverse Effect. The foregoing representations and warranties shall survive the expiration or earlier termination of this Agreement until such time as the environmental indemnity referred to in Section 8.16 hereof is terminated.

Environmental Status. Except as disclosed on Schedule 11.16 hereto, (i) the operations of the Company Borrowers and each of its their Subsidiaries comply in all material respects with all applicable Environmental Laws; (ii) the Company Borrowers and each of its their Subsidiaries have no environmental, health and safety Permits and to the best of the Company's Borrowers' knowledge, no such permits are necessary for its operation; (iii) the Company Borrowers and each of its their Subsidiaries and all of their present Facilities or operations, as well as to the knowledge of the Company Borrowers and its their Subsidiaries their past Facilities or operations, are not subject to any outstanding written order or agreement with any governmental authority Governmental Authority or private party respecting (a) any Environmental Laws, (b) any Remedial Action, or (c) any Environmental Claims arising from the Release of a Hazardous Material into the 107 environment; (iv) none of the operations of the Company Borrowers or any of its their Subsidiaries is subject to any judicial or administrative proceeding under any Environmental Law; (v) to the best of the knowledge of the Company Borrowers and its their Subsidiaries, none of the operations of the Company Borrowers or any of its their Subsidiaries is the subject of any Federal or state investigation evaluating whether any Remedial Action is needed to respond to a Release of any Hazardous Material into the environment in violation of any Environmental Law; (vi) neither the Company Borrowers nor any of its their Subsidiaries or to the knowledge of the Company Borrowers and its their Subsidiaries any predecessor of the Company Borrowers or any Subsidiary has filed any notice under Environmental Law indicating past or present treatment, storage, or disposal of a hazardous waste in violation of any Environmental Law or reporting a Release of a Hazardous Material into the environment; (vii) to the best of the knowledge of the Company Borrowers and its their Subsidiaries, neither the Company Borrowers nor any of its their Subsidiaries has any contingent liability in connection with any Release of any Hazardous Material into the environment; (viii) none of the Company's Borrowers' or any Subsidiary's operations involve the generation, transportation, treatment or disposal of hazardous waste, as defined under 40 C.F.R. Parts 260-270 or any applicable state equivalent; (ix) neither the Company Borrowers nor any of its their Subsidiaries has disposed of any Hazardous Material by placing it in or on the ground or waters of any premises owned, leased or used by the Company such Borrower or such Subsidiary and to the knowledge of the Company Borrowers and its their Subsidiaries neither has any lessee, prior owner, or other person; (x) to the best knowledge of the Company Borrowers no underground storage tanks or surface impoundments, as referred to in the Environmental Laws, are on the Company's Borrowers' or any of its Subsidiaries' Facilities; and (xi) to the best knowledge of the Company Borrowers no Lien in favor of any governmental authority Governmental Authority for (A) any liability under Environmental Laws or regulations, or (B) damages arising from or costs incurred by such governmental authority Governmental Authority in response to a Release of a Hazardous Material into the environment, has been filed or attached to the Company's Borrowers' or any of its their Subsidiaries' Facilities; provided that a breach of a representation under this Section 11.16 by the Company Borrower or any of its their Subsidiaries shall not constitute an Event of Default under Section 10.1 unless such breach may reasonably be expected to result in liability to the Company Borrowers or any of its their Subsidiaries in excess of $100,000 or result in a Material Adverse Effect. The foregoing representations and warranties shall survive the expiration or earlier termination of this Agreement until such time as the environmental indemnity referred to in Section 8.16 hereof is terminated.

Environmental Status. Except as disclosed on Schedule 11.16 hereto, (i) the operations of the Company Borrower and each of its Subsidiaries comply in all material respects with all applicable Environmental Laws; (ii) the Company Borrower and each of its Subsidiaries have no environmental, health and safety Permits and to the best of the CompanyBorrower's knowledge, no such permits are necessary for its operation; (iii) the Company Borrower and each of its Subsidiaries and all of their present Facilities or operations, as well as to the knowledge of the Company Borrower and its Subsidiaries their past Facilities or operations, are not subject to any outstanding written order or agreement with any governmental authority Governmental Authority or private party respecting (a) any Environmental Laws, (b) any Remedial Action, or (c) any Environmental Claims arising from the Release of a Hazardous Material into the environment; (iv) none of the operations of the Company Borrower or any of its Subsidiaries is subject to any judicial or administrative proceeding under any Environmental Law; (v) to the best of the knowledge of the Company Borrower and its Subsidiaries, none of the operations of the Company Borrower or any of its Subsidiaries is the subject of any Federal or state investigation evaluating whether any Remedial Action is needed to respond to a Release of any Hazardous Material into the environment in violation of any Environmental Law; (vi) neither the Company Borrower nor any of its Subsidiaries or to the knowledge of the Company Borrower and its Subsidiaries any predecessor of the Company Borrower or any Subsidiary has filed any notice under Environmental Law indicating past or present treatment, storage, or disposal of a hazardous waste in violation of any Environmental Law or reporting a Release of a Hazardous Material into the environment; (vii) to the best of the knowledge of the Company Borrower and its Subsidiaries, neither the Company Borrower nor any of its Subsidiaries has any contingent liability in connection with any Release of any Hazardous Material into the environment; (viii) none of the CompanyBorrower's or any Subsidiary's operations involve the generation, transportation, treatment or disposal of hazardous waste, as defined under 40 C.F.R. Parts 260-270 or any applicable state equivalent; (ix) neither the Company Borrower nor any of its Subsidiaries has disposed of any Hazardous Material by placing it in or on the ground or waters of any premises owned, leased or used by the Company Borrower or such Subsidiary and to the knowledge of the Company Borrower and its Subsidiaries neither has any lessee, prior owner, or other person; (x) to the best knowledge of the Company Borrower no underground storage tanks or surface impoundments, as referred to in the Environmental Laws, are on the CompanyBorrower's or any of its Subsidiaries' Facilities; and (xi) to the best knowledge of the Company Borrower no Lien in favor of any governmental authority Governmental Authority for (A) any liability under Environmental Laws or regulations, or (B) damages arising from or costs incurred by such governmental authority Governmental Authority in response to a Release of a Hazardous Material into the environment, has been filed or attached to the CompanyBorrower's or any of its Subsidiaries' Facilities; provided that a breach of a representation under this Section 11.16 by the Company Borrower or any of its Subsidiaries shall not constitute an Event of Default under Section 10.1 unless such breach may reasonably be expected to result in liability to the Company Borrower or any of its Subsidiaries in excess of $100,000 or result in a Material Adverse Effect. The foregoing representations and warranties shall survive the expiration or earlier termination of this Agreement until such time as the environmental indemnity referred to in Section 8.16 hereof is terminated.