Environmental Xxxxxxx. Xx use, exposure, release, generation, manufacture, storage, treatment, transportation or disposal of Hazardous Material has occurred or is occurring on or from the Real Property or any real property on which the Personal Property is located or which is owned, leased or otherwise occupied by Borrower (all such real property, including the Real Property, is herein referred to collectively as the “Premises”), or off the Premises as a result of any action of Borrower, except as described in Schedule 4.14 or disclosed in the Environmental Assessment reports prepared by Xxxxxxxx & Xxxxxxxxxx and provided to Lender. All Hazardous Material used, treated, stored, transported to or from, generated or handled on the Premises, or off the Premises by Borrower, has been disposed of on or off the Premises by or on behalf of Borrower in a lawful manner. Except as disclosed in the Phase I Environmental Assessment reports prepared by Xxxxxxxx & Funkhauser and provided to Lender, there are no underground storage tanks present on or under the Real Property, and no other environmental, public health or safety hazards exist with respect to the Real Property.
Environmental Xxxxxxx. Xx connection with the return of the Facility Interest pursuant to Section 5.2, the Facility Lessee shall, at its own expense, provide the Owner Lessor and the Owner Participant and, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee (a) not later than 180 days prior to the later of the Expiration Date or the last day of the last Renewal Lease Term elected by the Facility Lessee, or (b) in connection with any return pursuant to Section 17, as promptly as possible after a request therefor by the Owner Lessor, the Owner Participant or, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee, a phase I environmental survey, which shall be expanded to a phase II environmental survey if, as a result of the phase I survey, facts are revealed that would reasonably necessitate a phase II survey, prepared by a reputable environmental consulting firm (selected by the Facility Lessee and reasonably acceptable to the Owner Participant) as to the environmental condition of the Facility and the Facility Site and the compliance or non-compliance with applicable Environmental Laws and the presence or absence of Environmental Conditions, in form and scope reasonably satisfactory to the Owner Participant. The provisions of such surveys shall not relieve the Facility Lessee of liability with respect to Environmental Conditions, known or unknown, in respect of the Facility Interest or the Facility Site and the Facility Lessee will take any and all actions necessary to ensure that the Facility Interest and the Facility Site comply with Keystone Facility Lease 12 HOUOl:587609.2.
Environmental Xxxxxxx. Xx Credit Party nor any of its Subsidiaries nor any of their respective current Facilities (solely during and with respect to such Person’s ownership thereof) or operations, and to their knowledge, no former Facilities (solely during and with respect to any Credit Party’s or its Subsidiary’s ownership thereof), are subject to any outstanding order, consent decree or settlement agreement with any Person relating to any Environmental Law, any Environmental Claim, or any Hazardous Materials Activity that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; (b) no Credit Party nor any of its Subsidiaries has received any letter or request for information under Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9604) or any comparable state law; (c) there are and, to each Credit Party’s and its Subsidiaries’ knowledge, have been, no Hazardous Materials Activities which could reasonably be expected to form the basis of an Environmental Claim against such Credit Party or any of its Subsidiaries that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; (d) no Credit Party nor any of its Subsidiaries has filed any notice under any Environmental Law indicating past or present treatment of Hazardous Materials at any Facility (solely during and with respect to such Credit Party’s or its Subsidiary’s ownership thereof), and neither the Borrower’s nor any of its Subsidiaries’ operations involves the generation, transportation, treatment, storage or disposal of hazardous waste, as defined under 40 C.F.R. Parts 260‑270 or any equivalent state rule defining hazardous waste. Compliance with all current requirements pursuant to or under Environmental Laws could not be reasonably expected to have, individually or in the aggregate, a Material Adverse Effect.
Environmental Xxxxxxx. Xxcept as set forth on Schedule 4.18 and except for facts, circumstances or conditions that would not reasonably be expected to have, individually or in the aggregate, a Transfer Group Material Adverse Effect:
Environmental Xxxxxxx. Xx the Knowledge of InSystems, all real property currently or previously owned, leased, occupied, used by or under the control of InSystems and all operations or activities of InSystems (including, without limitation, those conducted on or taking place at any of such real property) are and have been in compliance with and not subject to any liability or obligation under any applicable Environmental Law or any permit, license, approval, consent or authorization required under, or in connection with, any Environmental Law (“Environmental Permit”). To the Knowledge of InSystems, there is no condition or circumstance regarding InSystems or its business or any InSystems Real Property or the operations or activities conducted thereon, that could reasonably be expected to give rise to a violation of, or liability or obligation under, any applicable Environmental Law or Environmental Permit. There are no emissions of any hazardous substance into the environment at, from or to the InSystems Real Property. Neither InSystems nor, to the Knowledge of InSystems, any Person, the acts or omissions of which may be attributable to, the responsibility of, or be the basis of a liability to, InSystems, has, or has arranged to have, any hazardous material generated, released, treated, stored or disposed of at, or transported to, any facility or property. InSystems has not received notice of any allegations, claims, demands, directions, orders, citations, notices of violation, or Orders of noncompliance made against InSystems relating or pursuant to any Environmental Law, Environmental Permit or other environmental matters, except those that have been corrected or complied with and, to the Knowledge of InSystems, no such allegation, claim, demand, citation, notice of violation or Order of noncompliance is threatened.
Environmental Xxxxxxx. Xx Seller's knowledge, except as set forth on Schedule 7.7:
Environmental Xxxxxxx. Xx the best of the Sellers’ and the Company’s knowledge, the Company has not unlawfully disposed of any hazardous waste or hazardous substance in a manner which has caused, or is reasonably likely to cause, the Purchaser to incur a material liability under applicable law in connection therewith. To the best of the Sellers’ knowledge, the Company has complied in all material respects with all federal, state and local environmental laws, rules and regulations applicable to its operations.
Environmental Xxxxxxx. Xx the Knowledge of each of the Venturers, except as set forth in Schedule 4.18, neither the GP nor U.S. Propane is in violation of, or subject to, any pending or threatened Proceeding under, any Applicable Laws pertaining to health, safety, the environment, Hazardous Substances or Solid Wastes (such Applicable Laws as they now exist are herein collectively called "Applicable Environmental Laws") relating to the ownership or operation of the Assets and Properties of the GP or U.S. Propane or the operation of the respective businesses of the GP or U.S. Propane, including (i) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), and (ii) the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"). To the Knowledge of each of the Venturers, except as set forth in Schedule 4.18, the GP and U.S. Propane have obtained all Permits to construct, occupy, lease, operate or use any real property or any equipment or other tangible property forming a part of their respective Assets and Properties by reason of any Applicable Environmental Laws.
