Phase I Environmental Reports. Within 90 days after the Closing Date, a Phase I environmental assessment for each Facility (other than Facilities listed on Schedule 4.1K and Leasehold Properties at which Borrower and its Subsidiaries do not conduct any manufacturing activities), which shall (a) substantially conform to the ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, E 1527, (b) be conducted by one or more environmental consulting firms reasonably satisfactory to Administrative Agent, and (c) include a visual assessment of suspect asbestos-containing materials at such Facilities, all to the reasonable satisfaction of Administrative Agent.
Phase I Environmental Reports. Furnish to the Agent, within 60 days from the Closing Date, copies of Phase I environmental reports prepared by a nationally recognized environmental consulting firm or firms satisfactory to the Agent on behalf of the Borrower covering such properties of the Borrower as shall be satisfactory to the Agent.
Phase I Environmental Reports. The Sellers shall, upon request and reasonable advance notice from the Buyer, permit the Buyer and its agents to conduct Phase I environmental assessments for the Facilities (collectively, “Phase Is”), at the Buyer’s sole cost, and the Sellers shall make available for review and copy any previously prepared Phase Is or other environmental assessments in its possession conducted for any Facility or the Real Property. The Buyer shall not take any core samples, install any monitoring xxxxx, or undertake any other invasive tests or studies, or communicate with any Government Authorities regarding Hazardous Materials without the Sellers’ prior written consent (which may be withheld by the Sellers in their sole discretion). The Buyer shall deliver to the Sellers a copy of the Phase Is promptly upon receipt. The Buyer shall have until the expiration of the Due Diligence Period to approve or disapprove any matter(s) set forth in the Phase Is or other inspection report in writing delivered to the Sellers, with any such disapproval specifying the matter(s) to which the Buyer objects (“Environmental Notice”). The failure of the Buyer to deliver an Environmental Notice to the Sellers prior to the expiration of the Due Diligence Period shall be deemed approval. If the Buyer delivers an Environmental Notice to the Sellers prior to the expiration of the Due Diligence Period, the Sellers shall have five (5) Business Days from the date of the Sellers’ receipt of such Environmental Notice in which to advise the Buyer whether or not they are prepared to cure the same prior to Closing (which cure may be effected by (i) the Sellers contracting with and paying for, before or at Closing, the recommended remediation work to be done by an environmental consulting firm reasonably acceptable to the Buyer as recommended in the applicable Phase I, or (ii) the Sellers contracting for the recommended remediation work with an environmental consulting firm reasonably acceptable to the Buyer and placing one hundred percent (100%) of the estimated costs of the remediation in escrow with the Title Company to be disbursed for payment of all remediation costs as and when payment therefore is due with the balance, if any, to be released to the Sellers promptly upon completion of and payment for all such remediation as recommended in the applicable Phase I). The failure of the Sellers to respond within said five (5) Business Day period shall be deemed to be an election by the Sellers not to cure...
Phase I Environmental Reports. Purchaser shall have received Phase I Environmental Reports for each Facility, and each such report shall be considered an additional due diligence material and therefore subject to Section 7.1.8 above. The Phase I Environmental Reports will be performed at Purchaser's direction and at Purchaser's sole cost and expense for Purchaser's use (with a copy delivered to Seller).
Phase I Environmental Reports. The Buyer shall pay for, receive and approve Phase I and Phase II Environmental Property Assessments with regard to the real property occupied by Seller; provided, however, $1,000.00 shall be paid by Seller as partial payment for the Phase II Environmental Property Assessment. Such assessments shall be dated within thirty (30) days of the Closing Date and shall be prepared by parties acceptable to the Buyer.
Phase I Environmental Reports. Seller agrees to deliver to Buyer, on or prior to April 30, 2017, Phase I environmental reports completed within the last 180 days with respect to each of the parcels of Real Property (the “Phase I Reports”).
Phase I Environmental Reports. The Purchaser shall have received Phase I Environmental Reports for all Leased Real Property and Owned Real Property prepared by independent consultants approved by Purchaser. Purchaser, shall be satisfied in its discretion with regard to the results of such reports and have concluded, to its reasonable satisfaction, that no additional due diligence, including, without limitation, Phase II Environmental Reports, is necessary and no remediation is necessary with respect to the subject properties.
Phase I Environmental Reports. Syndication Agent and Administrative Agent shall have received Phase I Reports for each of the Facilities along with a corresponding reliance letter authorizing the Agents and each Lender to rely upon such reports, all of which shall be, in form, scope and substance, reasonably satisfactory to the Administrative Agent. The Administrative Agent acknowledges receipt of each of the reports identified on Schedule 3.1(j), hereto, each of which is reasonably satisfactory for purposes of this condition.
Phase I Environmental Reports. On or prior to the 30th day immediately following the Closing Date, the Borrowers shall deliver or cause to be delivered to the Administrative Agent environmental and hazardous substance analyses and reports from Xxxxxxx Group Services, Inc. with respect to each of the properties listed on SCHEDULE III, in each case in scope, form and substance satisfactory to the Administrative Agent, together with reliance letters with respect thereto.
Phase I Environmental Reports. The Administrative Agent shall have received Phase I environmental site assessment report, ASTM test E1527-05 for each Tower Property comprising the Closing Date Portfolio it being understood such Phase I environmental site assessment report delivered in connection with the Existing Credit Facility shall be deemed to have been received for purposes of this Agreement.
