No Releases. To the best knowledge of the BORROWER, there has been no RELEASE into, on or from any of the FACILITIES and no REGULATED SUBSTANCES are located on or have been treated, stored, processed, disposed of, handled or transported to or from, any of the FACILITIES in violation of any ENVIRONMENTAL LAWS. To the best knowledge of the BORROWER, no REGULATED SUBSTANCES have been treated, stored, disposed, RELEASED, located, discharged, possessed, managed, processed, or otherwise handled in the operation or conduct of the BORROWER'S business in violation of any ENVIRONMENTAL LAWS. The BORROWER has complied in all material respects with all ENVIRONMENTAL LAWS affecting the FACILITIES and the BORROWER'S businesses.
No Releases. The Company has not released any other Person from any claim under any Environmental Law or waived any rights concerning any actual or existing Environmental Condition.
No Releases. Nothing in this Agreement shall release, or be deemed to release any claims, defenses or causes of actions that any Party may have against another Party.
No Releases. No instrument of release or waiver has been executed in connection with the Mortgage Loan, and no Borrower has been released, in whole or in part.
No Releases. Borrower shall use its best efforts to prohibit the Releases of Hazardous Substances in, on, above, under or from the Property.
No Releases. Except as set forth in Schedule 4.13(c), to the Seller’s Knowledge, neither Seller nor any of its Affiliates, or anyone acting on their behalf, has disposed of, spilled, discharged, released or exposed any Person to any Environmental Materials, on, at, in or under the Real Estate.
No Releases. Based on its review of the Environmental Report, there are no past (during Indemnitor’s period of ownership only), present or to Indemnitor’s knowledge, threatened Releases of Hazardous Substances in, on, above, under or from the Property, except as described in the Environmental Report.
No Releases. No Note or Mortgage requires the mortgagee to release all or any material portion of the related Mortgaged Property that was included in the valuation for such Mortgaged Property, and/or generates income, from the lien of the related Mortgage except upon payment in full of all amounts due under the related Loan, or upon satisfaction of the defeasance provisions of such Loan, other than the Loans that require the mortgagee to grant a release of a portion of the related Mortgaged Property upon (a) the satisfaction of certain legal and underwriting requirements where the portion of the related Mortgaged Property permitted to be released was not considered by the Seller or the related originator to be material in underwriting the Loan or, in the case of a substitution, where the Mortgagor is entitled to substitute a replacement parcel at its option upon the satisfaction of specified conditions, and/or (b) the payment of a release price and prepayment consideration in connection therewith, is consistent with the Seller’s normal multi-family, commercial and mixed-use mortgage lending practices (as applicable) (and in both (a) and (b), any release of the Mortgaged Property has been reflected in the Loan Schedule). Except as described in the prior sentence (other than with respect to defeasance and substitution), no Loan permits the full or partial release or substitution of collateral unless (1) the mortgagor is entitled to substitute a replacement parcel at its unilateral option upon satisfaction of specified conditions, and (2) the mortgagee or servicer can require the Mortgagor to provide an opinion of tax counsel to the effect that such release or substitution of collateral (a) would not constitute a “significant modification” of such Loan within the meaning of Treas. Reg. §1.1001-3 and (b) would not cause such Loan to fail to be a “qualified mortgage” within the meaning of Section 860G(a)(3)(A) of the Code. The loan documents with respect to each Loan that permits the full or partial release or substitution of collateral requires the related Mortgagor to bear the cost of such opinion.
No Releases. With respect to the Project, to the knowledge and belief of Borrower and the Guarantors and except as otherwise disclosed in those certain environmental reports set forth in Schedule 6.33(c), (i) no portion of the Project has been used as a landfill or for dumping or for the handling, processing, storage or disposal of Hazardous Materials except in the ordinary course of business and in accordance and in full compliance with all Environmental Laws, and no underground tank or other underground storage receptacle for Hazardous Materials is located on any portion of the Project; (ii) in the course of any activities conducted by Borrower, the Guarantors or the operators of any of their properties, no Hazardous Materials have been generated or are being used on the Project except in the ordinary course of business and in accordance with all Environmental Laws; (iii) there has been no past or present or threatened Release on, upon, into or from the Project other than de minimis quantities not in violation of Environmental Laws; (iv) to the Borrower’s knowledge, there have been no Releases on, upon, from or into any real property in the vicinity of any of the Project which, through soil or groundwater contamination, may have come to be located on, and which would have a material adverse effect on the value of, the Project; and (v) any Hazardous Materials that have been generated by Borrower has been transported off site only by approved licensed carriers of Hazardous Materials and treated or disposed of only by treatment or disposal facilities maintaining valid permits as required under all applicable Environmental Laws, which transporters and facilities have been and are, to the Borrower’s knowledge, operating in compliance with such permits and applicable Environmental Laws.
No Releases. Except as disclosed in the Company SEC Documents filed prior to the date of this Agreement or as disclosed in Schedule 3.13, to the knowledge of Seller, there have been no Releases (as hereinafter defined) of Hazardous Substances (as hereinafter defined) at any of Seller's or its Subsidiaries' properties or of Hazardous Substances which were generated, stored, disposed of, or transported by Seller, which could form the basis of any Environmental Claim against Seller, or to the knowledge of Seller, against any person or entity whose liability for any Releases Seller has or may have retained or assumed either contractually or by operation of law, which would have a Material Adverse Effect on Seller and its Subsidiaries taken as a whole.
