Common use of Preparation of Environmental Reports Clause in Contracts

Preparation of Environmental Reports. At any time during the continuance of an Event of Default, provide to the Lenders within 60 days after reasonable request from the Administrative Agent or the Required Lenders, at the expense of the Borrower, an environmental site assessment report for any of its Real Properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions in connection with any such Hazardous Materials on such Real Property; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings hereby grants and agrees to cause any Subsidiary that maintains an interest in any Real Property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leases, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.

Preparation of Environmental Reports. At the request of the Required Lenders from time to time, but no more than one time for any time property during the continuance term of an Event this Agreement (unless (i) a Default shall have occurred and be continuing, during which time no limitation shall apply or (ii) the Administrative Agent has a reasonable belief that Holdings or any of Default, its Subsidiaries is in material violation of Environmental Law or there has been a material Release of Hazardous Materials at a facility) provide to the Lenders within 60 sixty (60) days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the BorrowerBorrowers, an a written environmental site assessment report for any of its Real Properties properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions action in connection with any such Hazardous Materials on such Real Propertyproperties; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrowers, and Holdings each Borrower hereby grants and agrees to cause any Subsidiary of its Subsidiaries that maintains an interest in owns any Real Property property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, during normal business hours to enter onto their respective properties to undertake such an assessment. Any Each Borrower agrees to cooperate in connection with the preparation of such assessment shall be conducted during normal business hours Environmental Report, including without limitation, providing all reasonably requested information and making knowledgeable officers, employees or property managers available for interview at reasonable times and locations in a manner reasonably designed to mitigate any material interference with that does not materially hinder the ongoing normal operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental mediaParties.

Preparation of Environmental Reports. At the request of the Administrative Agent after the Administrative Agent shall have obtained knowledge of any time during circumstances that has the continuance reasonable likelihood of an Event Borrower or any of Defaultits Subsidiaries incurring any Environmental Liability that could reasonably be expected to result in a Default or a Material Adverse Effect as a result of any information provided under Section 6.02(h) or (j) or Section 6.03(a) or (b) hereunder or through other publicly available information filed with the SEC, the Borrower shall provide to the Lenders within 60 sixty days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an environmental site assessment report for any of its Real Properties properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions action in connection with any such Hazardous Materials on such Real Propertyproperties; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings the Borrower hereby grants and agrees to cause any Subsidiary that maintains an interest in owns any Real Property property described in such request to grant access at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective properties to undertake such an assessment. Any assessment subject to government approvals, if such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s businessapprovals are required. The Loan Parties may require that, prior Borrower shall take all reasonable steps to entry onto the Real Property, obtain any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental mediarequired government approvals.

Preparation of Environmental Reports. At the request of the Required Lenders from time to time following a determination by the Required Lenders that there exists potential liability or responsibility of a Loan Party for a violation of any time during the continuance Environmental Law with respect to an Unencumbered Property or material risk of an Event of Defaultsuch potential liability or responsibility, provide to the Lenders within 60 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an environmental site assessment report complying with ASTM guidelines (an “ESA”) for any of its Real Properties Unencumbered Property owned, leased or operated by a Loan Party described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal response or remedial actions in connection with other corrective action to address any such Hazardous Materials on such Real PropertyUnencumbered Properties, together with a letter from such environmental consultant permitting the Administrative Agent and the Lenders to rely on such ESA as if addressed to and prepared for each of them; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report ESA will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report an ESA at the expense of the Borrower, and Holdings the Borrower hereby grants and agrees to cause any Subsidiary of its Subsidiaries that maintains an interest in owns or leases any Real Unencumbered Property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasesnecessary consent of landlords, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in In the absence of a manner reasonably designed to mitigate any material interference with Default, the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and Borrowers shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental mediabe required to pay for more than one ESA per Unencumbered Property per year.

Preparation of Environmental Reports. At any time during the continuance of an Event of Default, provide to the Lenders within 60 days after reasonable request from the Administrative Agent or the Required Lenders, at the expense of the BorrowerBorrowers, an environmental site assessment report for any of its Real Properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions in connection with any such Hazardous Materials on such Real Property; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrowers, and Holdings hereby grants and agrees to cause any Restricted Subsidiary that maintains an interest in any Real Property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leases, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.

Preparation of Environmental Reports. At any time during the continuance of an Event of Default, provide to the Lenders within 60 days after reasonable request from the Administrative Agent or the Required Lenders, at the expense of the BorrowerBorrowers, an environmental site assessment report for any of its Real Properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions in connection with any such Hazardous Materials on such Real Property; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrowers, and Holdings hereby grants and agrees to cause any Subsidiary that maintains an interest in any Real Property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leases, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.

Preparation of Environmental Reports. At To the extent the Borrower or any time during Loan Party has the continuance authority to conduct such assessments without obtaining required consent from any other Person, at the reasonable request of an Event of Defaultthe Administrative Agents, provide to the Lenders within 60 90 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an environmental site assessment assessment, soil or groundwater report for any of the properties subject to a Mortgage in the event that (a) any Loan Parties or any of their Subsidiaries receive notice of any Environmental Action relating to any such properties, or any such properties become subject to any Environmental Liability, that individually or in the aggregate could reasonably be expected to result in the Borrower or any of its Real Properties described in Restricted Subsidiaries having or becoming subject to liability or liabilities exceeding $50,000,000 or (b) if a Default has occurred and is continuing. With respect to any such requestproperties that require consent from any other person prior to conducting such assessment, the Borrower shall use reasonable efforts to obtain such consent and, if such consent is obtained, will conduct the environmental assessment. If such consent is not granted, the Borrower shall not be required to conduct such assessment. Any environmental site assessment report prepared pursuant to this Section 6.15 shall be prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating Agent and shall indicate the presence or absence of Hazardous Materials at such affecting any subject property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions in connection with any such Hazardous Materials on such Real Property; without action required under Environmental Laws. Without limiting the generality of the foregoing, if the Administrative Agent reasonably determines Agents determine at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Agents may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings and, to the extent the Borrower has the right to grant such authorization or to cause such Subsidiary to grant such authorization, the Borrower hereby grants and agrees to cause any such Subsidiary that maintains an interest in owns any Real Property property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.

Preparation of Environmental Reports. At To the extent the Borrower or any time during Loan Party has the continuance authority to conduct such assessments without obtaining required consent from any other Person, at the request of an Event of Defaultthe Administrative Agents, provide to the Lenders within 60 90 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an environmental site assessment assessment, soil or groundwater report for any of the properties subject to a Mortgage in the event that (a) any Loan Parties or any of their Subsidiaries receive notice of any Environmental Action relating to any such properties, or any such properties become subject to any Environmental Liability, that individually or in the aggregate could reasonably be expected to result in the Borrower or any of its Real Properties described in Restricted Subsidiaries having or becoming subject to liability or liabilities exceeding $50,000,000 or (b) if a Default has occurred and is continuing. With respect to any such requestproperties that require consent from any other person prior to conducting such assessment, the Borrower shall use reasonable efforts to obtain such consent and, if such consent is obtained, will conduct the environmental assessment. If such consent is not granted, the Borrower shall not be required to conduct such assessment. Any environmental site assessment report prepared pursuant to this Section 6.15 shall be prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating Agent and shall indicate the presence or absence of Hazardous Materials at such affecting any subject property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions in connection with any such Hazardous Materials on such Real Property; without action required under Environmental Laws. Without limiting the generality of the foregoing, if the Administrative Agent reasonably determines Agents determine at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Agents may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings and, to the extent the Borrower has the right to grant such authorization or to cause such Subsidiary to grant such authorization, the Borrower hereby grants and agrees to cause any such Subsidiary that maintains an interest in owns any Real Property property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.

Preparation of Environmental Reports. At any time after the Debt Assumption Date, at the written request of the Required Lenders from time to time, but no more than one time for any owned Material Real Estate Asset or other owned real property subject to a Mortgage (any such real property, an “Assessment Property”) (unless a Default shall have occurred and be continuing, during the continuance of an Event of Default, which time no such limitation shall apply) provide to the Lenders within 60 90 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an a written environmental site assessment report for any of its Real Properties such real properties described in such request, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative AgentAgent (which acceptance shall not be unreasonably withheld or delayed), indicating reasonably investigating the presence or absence of Hazardous Materials at such property and the estimated reasonable cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions action in connection with any such Hazardous Materials on such Real Propertyreal properties to the extent required by Environmental Law (the “Cost Estimate”); without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided to the Lenders within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings the Borrower hereby grants and agrees to cause any Restricted Subsidiary that maintains an interest in owns any Real Property real property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective real properties to undertake such an assessment at reasonable times and with reasonable advance notice; provided that the Administrative Agent shall request the environmental consulting firm to carry levels of insurance, if any, as may be customary for the performance of such assessment. Any such assessment In determining the Cost Estimate, the Borrower’s or the Administrative Agent’s environmental consulting firm shall reasonably take into account the existing use of the Assessment Property and the potential use of institutional controls to address the Hazardous Materials on the Assessment Property and the availability of risk-based approaches to address any Hazardous Materials on the Assessment Property. No Phase II or other invasive environmental report shall be conducted during normal business hours required by this Section or undertaken pursuant to this Section unless an Event of Default shall have occurred and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials be continuing at the Real Property any such assessment shall be limited to time that the Required Lenders have made a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental mediawritten request thereof.

Preparation of Environmental Reports. At any time after the Debt Assumption Date, at the written request of the Required Lenders from time to time, but no more than one time for any owned Material Real Estate Asset or other owned real property subject to a Mortgage (any such real property, an “Assessment Property”) (unless a Default shall have occurred and be continuing, during the continuance of an Event of Default, which time no such limitation shall apply) provide to the Lenders within 60 90 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an a written environmental site assessment report for any of its Real Properties such real properties described in such request, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative AgentAgent (which acceptance shall not be unreasonably withheld or delayed), indicating reasonably investigating the presence or absence of Hazardous Materials at such property and the estimated reasonable cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions action in connection with any such Hazardous Materials on such Real Propertyreal properties to the extent required by Environmental Law (the “Cost Estimate”); without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided to the Lenders within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings the Borrower hereby grants and agrees to cause any Restricted Subsidiary that maintains an interest in owns any Real Property real property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective real properties to undertake such an assessment at reasonable times and with reasonable advance notice; provided that the Administrative Agent shall request the environmental consulting firm to carry levels of insurance, if any, as may be customary for the performance of such assessment. Any such assessment In determining the Cost Estimate, the Borrower’s or the Administrative Agent’s environmental consulting firm shall reasonably take into account the existing use of the Assessment Property and the potential use of institutional controls to address the Hazardous Materials on the Assessment Property and the availability of risk-based approaches to address any Hazardous Materials on the Assessment Property. No Phase II or other invasive environmental report shall be conducted during normal business hours required by this Section or undertaken pursuant to this Section unless an Event of Default shall have occurred and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials be continuing at the Real Property any such assessment shall be limited to time that the Required Lenders have made a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.written request thereof. 101

Preparation of Environmental Reports. At any time during the continuance request of an Event of Defaultthe Agent, provide to the Lenders within 60 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an a Phase I environmental site assessment report for any of its Real Properties or its Subsidiaries' properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative AgentAgent (and, if based upon the recommendation of such environmental consulting firm, a Phase II environmental site assessment report) indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions action in connection with any such Hazardous Materials on such Real Property; without properties. Without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings the Borrower hereby grants and agrees to cause any Subsidiary that maintains an interest in owns any Real Property property described in such request to grant at the time of such request request, to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours The Borrower will deliver to Agent promptly following receipt thereof, copies of material environmental audits, investigations, analyses and reports of any kind or character, whether prepared by personnel of the Borrower or any of its Subsidiaries or by independent consultants, governmental authorities or any other Persons, with respect to material environmental matters affecting the properties of the Borrower or any of its Subsidiaries or with respect to any material Environmental Actions. Agent may, from time to time and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require thatits reasonable discretion, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property Borrower's expense, retain an independent professional consultant to review any such assessment shall be limited to a visual inspection environmental audits, investigations, analyses and reports prepared by or for the Borrower or any of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental mediaits Subsidiaries.

Preparation of Environmental Reports. At the written request of the Required Lenders from time to time on any date that is on or after the Mortgage Trigger Event, but no more than one time for any real property owned, leased or operated by any Loan Party or its Subsidiaries during the continuance term of this Agreement (any such real property, an Event of Default“Assessment Property”) (unless a Default shall have occurred and be continuing, during which time no such limitation shall apply) provide to the Lenders within 60 90 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an a written environmental site assessment report for any of its Real Properties such real properties described in such request, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative AgentAgent (which acceptance shall not be unreasonably withheld or delayed), indicating reasonably investigating the presence or absence of Hazardous Materials at such property and the estimated reasonable cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions action in connection with any such Hazardous Materials on such Real Propertyreal properties to the extent required by Environmental Law (the “Cost Estimate”); without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided to the Lenders within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings the Borrower hereby grants and agrees to cause any Subsidiary that maintains an interest in owns any Real Property real property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective real properties to undertake such an assessment at reasonable times and with reasonable advance notice; provided that the Administrative Agent shall request the environmental consulting firm to carry levels of insurance, if any, as may be customary for the performance of such assessment. Any such assessment In determining the Cost Estimate, the Borrower’s or the Administrative Agent’s environmental consulting firm shall reasonably take into account the existing use of the Assessment Property and the potential use of institutional controls to address the Hazardous Materials on the Assessment Property and the availability of risk-based approaches to address any Hazardous Materials on the Assessment Property. No Phase II or other invasive environmental report shall be conducted during normal business hours required by this Section or undertaken pursuant to this Section unless an Event of Default shall have occurred and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials be continuing at the Real Property any such assessment shall be limited to time that the Required Lenders have made a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental mediawritten request thereof.

Preparation of Environmental Reports. At the written request of the Required Lenders from time to time, but no more than one time for any owned Material Real Estate Asset or other owned real property subject to a Mortgage (any such real property, an “Assessment Property”) (unless a Default shall have occurred and be continuing, during which time during the continuance of an Event of Default, no such limitation shall apply) provide to the Lenders within 60 90 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an a written environmental site assessment report for any of its Real Properties such real properties described in such request, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative AgentAgent (which acceptance shall not be unreasonably withheld or delayed), indicating reasonably investigating the presence or absence of Hazardous Materials at such property and the estimated reasonable cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions action in connection with any such Hazardous Materials on such Real Propertyreal properties to the extent required by Environmental Law (the “Cost Estimate”); without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided to the Lenders within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings the Borrower hereby grants and agrees to cause any Restricted Subsidiary that maintains an interest in owns any Real Property real property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective real properties to undertake such an assessment at reasonable times and with reasonable advance notice; provided that the Administrative Agent shall request the environmental consulting firm to carry levels of insurance, if any, as may be customary for the performance of such assessment. Any such assessment In determining the Cost Estimate, the Borrower’s or the Administrative Agent’s environmental consulting firm shall reasonably take into account the existing use of the Assessment Property and the potential use of institutional controls to address the Hazardous Materials on the Assessment Property and the availability of risk-based approaches to address any Hazardous Materials on the Assessment Property. No Phase II or other invasive environmental report shall be conducted during normal business hours required by this Section or undertaken pursuant to this Section unless an Event of Default shall have occurred and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials be continuing at the Real Property any such assessment shall be limited to time that the Required Lenders have made a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental mediawritten request thereof.

Preparation of Environmental Reports. At the request of the Agent, or any Lender, from time during to time, the continuance of an Event of Default, Company shall provide to the Lenders Agent, within 60 30 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the BorrowerCompany and the REIT, an Environmental Report for all Real Property Assets that have been acquired after the date hereof, or with respect to the Real Property Assets owned as of the date hereof, any Real Property Asset for which the Agent has a reasonable basis for requiring such an Environmental Report (including, without limitation, the fact that an environmental site assessment report for any was not delivered at or prior to the Closing Date or there is a basis to believe that there may be Hazardous Materials or a threat of its a Release with respect to such Real Properties Property Asset) as described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions in connection with any such Hazardous Materials on such Real Property; without . Without limiting the generality of the foregoing, if the Administrative Agent reasonably determines or the Required Lenders determine at any time following 30 days after its initial request that a material risk exists that any such report Environmental Report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report Environmental Report at the expense of the BorrowerCompany and the REIT, and Holdings the Company hereby grants and agrees to cause any Subsidiary that maintains an interest in Guarantor which owns any Real Property Asset described in such request to grant at the time of such request request, to the Administrative Agent, the Lenders, such firm and any agents or of representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective properties Real Property Assets to undertake such an assessment. Any such assessment shall be conducted Notwithstanding the foregoing, during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations term of the Loan Party’s business. The Loan Parties may require thatExisting Credit Agreement, prior the Agent shall not retain an environmental consulting firm to entry onto the Real Property, any prepare an Environmental Report if such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there step has been a material Release of Hazardous Materials at undertaken under the Existing Credit Agreement for such Real Property any Asset, provided, however, that in the event the agent under the Existing Credit Agreement is a financial institution other than the Agent hereunder, the Company shall, upon the Agent's request, provide written evidence that an environmental consulting firm has been retained for such assessment shall be limited Real Property Asset by the agent under the Existing Credit Agreement; provided further that if the Company is not able to provide a visual inspection copy of the property and shall not include requested Environmental Report within 30 days after the taking date of such request by the Agent, the Agent may take any samples of soil, groundwater, surface water, building materials or other environmental mediasteps permitted under this subsection (x) to obtain such Environmental Report.

Preparation of Environmental Reports. At the reasonable request of the Required Lenders from time to time upon a violation by any time during Loan Party or any of its Subsidiaries of Environmental Law, or the continuance occurrence or discovery (including, without limitation, from a report delivered pursuant to Section 5.01(j)(vi)) of an Event any other fact, circumstance, event, act or condition that could result in the liability of Defaultany Loan Party or any of its Subsidiaries under Environmental Law, that, individually or in the aggregate, would be reasonably likely to have a Material Adverse Effect, provide to the Lenders Lender Parties within 60 90 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an environmental site assessment report for any of its Real Properties or its Subsidiaries' properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative AgentRequired Lenders, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal compliance or remedial actions Remedial Action in connection with any such Hazardous Materials on such Real Propertyproperties; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will is not be provided within the time referred to above, the Administrative Agent Required Lenders may retain an environmental consulting firm reasonably acceptable to Borrower to prepare such report at the expense of the Borrower, and Holdings the Borrower hereby grants and agrees to cause any Subsidiary that maintains an interest in owns any Real Property property described in such request to grant at the time of such request to the Administrative AgentAgents, the LendersLender Parties, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal reasonable business hours and in a manner reasonably designed (after giving reasonable prior notice to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental mediaBorrower).

Preparation of Environmental Reports. At Holdings and Borrower shall, or shall cause the applicable Loan Party to, promptly deliver a Phase I environmental assessment report with respect to any Material Real Property acquired after the Restatement Date from an environmental consulting firm reasonably acceptable to the Administrative Agent. In addition, if the Administrative Agent reasonably determines that a material risk exists with respect to any Material Real Property as a result of a release of any Hazardous Materials with respect to any existing Material Real Property, then, at the request of the Required Lenders from time during the continuance of an Event of Defaultto time, provide to the Lenders within 60 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of Holdings and the Borrower, an environmental site assessment report for any of its Material Real Properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions action in connection with any such Hazardous Materials on such Real Propertyproperties; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of Holdings and the Borrower, and Holdings and the Borrower hereby grants grant and agrees agree to cause any Subsidiary that maintains an interest in owns any Real Property property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.

Preparation of Environmental Reports. At To the extent Borrower or any time during Loan Party has the continuance authority to conduct such assessments without obtaining required consent from any other Person, at the request of an Event of Defaultthe Administrative Agents or Required Lenders, provide to the Lenders within 60 days after reasonable request from the Administrative Agent or the Required Lenderssuch request, at the expense of the Borrower, an environmental site assessment assessment, soil or groundwater report for any of its Real Properties the properties described in the Mortgages or for any properties not described in the Mortgages, if, with respect to such requestproperties not described in the Mortgages, any Loan Parties or any of their Subsidiaries receive notice of any Environmental Action relating to any such properties not described in the Mortgages, or the Required Lenders determine that any properties not described in the Mortgages are, or are likely to become, subject to any Environmental Liability. With respect to any properties not described in the Mortgages that require consent from any other person prior to conducting such assessment, Borrower shall use reasonable efforts to obtain such consent and, if such consent is obtained, will conduct the environmental assessment. If such consent is not granted, Borrower shall not be required to conduct such assessment. Any environmental site assessment report prepared pursuant to this Section 6.14 shall be prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating Agent and shall indicate the presence or 104 absence of Hazardous Materials at such affecting any subject property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions in connection with any such Hazardous Materials on such Real Property; without action required under Environmental Laws. Without limiting the generality of the foregoing, if the Administrative Agent reasonably determines Agents determine at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent Agents may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and Holdings and, to the extent the Borrower has the right to grant such authorization or to cause such Subsidiary to grant such authorization, the Borrower hereby grants and agrees to cause any such Subsidiary that maintains an interest in owns any Real Property property described in such request to grant at the time of such request to the Administrative AgentAgents, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leasestenants, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.

Preparation of Environmental Reports. At any time during the continuance of an Event of Default, provide to the Lenders within 60 days after reasonable request from the Administrative Agent or the Required Lenders, at the expense of the BorrowerBorrowers, an environmental site assessment report for any of its Real Properties described in such request, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials at such property and the estimated cost of any compliance, including, if applicable, the estimated costs of legally required removal or remedial actions in connection with any such Hazardous Materials on such Real Property; without limiting the generality of the foregoing, if the Administrative Agent reasonably determines at any time following 30 days after its initial request that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the BorrowerBorrowers, and Holdings hereby grants and agrees to cause any Subsidiary that maintains an interest in any Real Property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm and any agents or representatives thereof an irrevocable non-exclusive license, after reasonable advance notice subject to the reasonable rights of tenants or any limitation contained in applicable leases, to enter onto their respective properties to undertake such an assessment. Any such assessment shall be conducted during normal business hours and in a manner reasonably designed to mitigate any material interference with the ongoing operations of the Loan Party’s 's business. The Loan Parties may require that, prior to entry onto the Real Property, any such engineer or consultant shall present evidence of reasonable and customary insurance coverage, 91 including general liability and professional liability policies. Unless there exists a reasonable belief that there has been a material Release of Hazardous Materials at the Real Property any such assessment shall be limited to a visual inspection of the property and shall not include the taking of any samples of soil, groundwater, surface water, building materials or other environmental media.