Post-Closing Environmental Assessments Sample Clauses

Post-Closing Environmental Assessments. In addition to the environmental report required to be furnished to Bank as a condition precedent to closing, Bank may, but no more frequently than annually, at Bank's sole option, and at the Borrower's expense, require an environmental assessment or updated assessment conforming to Bank's Guidance Document, from a reputable environmental consultant satisfactory to Bank as to whether the SLF, or any portion thereof, has been or is presently being used for the handling, storage, transportation or disposal of hazardous or toxic materials. If such report indicates such past, or present use, handling, storage, transportation or disposal of hazardous or toxic materials, such shall be deemed to constitute a default by the Borrower under the Loan Documents.
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Post-Closing Environmental Assessments. In addition to the environmental report required to be furnished to Lender as a condition precedent to the Loan closing and the First Advance, Lender may, at Lender's sole option, and at the Borrower's expense, require an environmental assessment or updated assessment of the Property by an engineering firm, and of a scope and in form and content satisfactory to Lender, complying with Lender's established guidelines, showing that there is no evidence of any hazardous or toxic substances which have been generated, treated, stored, released or disposed of in the Property, except for such hazardous or toxic substances lawfully used by the Borrower in the ordinary course of Borrower's business operations on the Property, and such additional evidence as may be required by Lender. Borrower agrees at its sole expense to provide such environmental assessments when requested by Lender. If any environmental assessment indicates the past or present use, handling, storage, transportation or disposal of hazardous or toxic materials, except for such hazardous or toxic substances lawfully used by the Borrower in the ordinary course of Borrower's business operations on the Property, such shall constitute a Default by the Borrower under the Loan Documents. Notwithstanding anything contained herein to the contrary, Lender shall not request updated environmental assessments pursuant to this Section unless: (a) the Loan is in Default, or (b) if required by any governmental law or regulation or (c) no more than once in any calendar year for good cause (i.e. Lender has reason to believe the Property has been or is presently being used for the handling, storage, transportation or disposal of hazardous or toxic materials in violation of any governmental law or regulation). EXHIBIT "F-1" DRAW REQUEST AIA G702 and G703 Application for Payment forms EXHIBIT "G" SURVEY REQUIREMENTS BOUNDARY SURVEY AND FOUNDATION SURVEY These items are to be included and shown:

Related to Post-Closing Environmental Assessments

  • Environmental Assessments Foreclose on or take a deed or title to any commercial real estate without first conducting a Phase I environmental assessment of the property or foreclose on any commercial real estate if such environmental assessment indicates the presence of a Hazardous Substance in amounts which, if such foreclosure were to occur, would be material.

  • Environmental Assessment In connection with its surrender of the Premises, Tenant shall submit to Landlord, at least fifteen (15) days prior to the expiration date of this Lease (or in the event of an earlier termination of this Lease, as soon as reasonably possible following such termination), an environmental Assessment of the Premises by a competent and experienced environmental engineer or engineering firm reasonably satisfactory to Landlord (pursuant to a contract approved by Landlord and providing that Landlord can rely on the Environmental Assessment). If such Environmental Assessment reveals that remediation or Clean-up is required under any Environmental Laws that Tenant is responsible for under this Lease, Tenant shall submit a remediation plan prepared by a recognized environmental consultant and shall be responsible for all costs of remediation and Clean-up, as more particularly provided in Section 5.3, above.

  • Environmental Audits From time to time, as requested by Lender, at the sole expense of Borrower, Borrower shall provide Lender, or its designee, complete access to all of Borrower's facilities for the purpose of conducting an environmental audit of such facilities as Lender or its designees may deem necessary. Borrower agrees to cooperate with Lender with respect to any environmental audit conducted by Lender or its designee pursuant to this Section 5.10.

  • Environmental Site Assessments Upon request by Landlord during the Term of this Lease, prior to the exercise of any renewal Term and/or prior to vacating the Premises, Tenant will obtain and submit to Landlord an environmental site assessment from an environmental consulting company reasonably acceptable to Landlord.

  • Environmental Audits and Reports As soon as practicable following receipt thereof, copies of all final environmental audits, investigations, analyses and reports of any kind or character, whether prepared by personnel of Holdings or any of its Subsidiaries or by independent consultants, Government Authorities or any other Persons, with respect to significant environmental matters at any Facility that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect or with respect to any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

  • Phase I A copy of the existing “Phase I” environmental assessment of the Project, if any, in Seller’s possession; and

  • Environmental Report Lender shall have received an Environmental Report (not more than six months old) with respect to the Property that discloses no material environmental contingencies with respect to the Property.

  • Environmental Audit If required by the Administrative Agent, reports and other information in form, scope and substance satisfactory to the Administrative Agent and prepared by environmental consultants satisfactory to the Administrative Agent, concerning any environmental hazards or liabilities to which any Credit Party may be subject with respect to such Additional Mortgaged Property; and

  • Environmental Compliance and Reports Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third party, on property owned and/or occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests.

  • Environmental Matters; Environmental Reviews (a) Each Restricted Person will comply in all material respects with all Environmental Laws now or hereafter applicable to such Restricted Person as well as all contractual obligations and agreements with respect to environmental remediation or other environmental matters and shall obtain, at or prior to the time required by applicable Environmental Laws, all environmental, health and safety permits, licenses and other authorizations necessary for its operations and will maintain such authorizations in full force and effect.

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