Common use of Representations and Warranties on Environmental Matters Clause in Contracts

Representations and Warranties on Environmental Matters. To Borrower's actual knowledge, except as set forth in the Site Assessment delivered in connection with the origination of the Loan, (a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Property or any property adjacent to the Property (except for cleaning and other products currently used in connection with, and necessary and appropriate for, the routine maintenance or repair of the Property or the operation thereof as a hotel in material compliance with Environmental Laws) and no Hazardous Material was removed or transported from the Property, except in full compliance with any Environmental Laws, (b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Property does not, and did not previously, violate any Environmental Laws, (c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened (in writing), nor have any settlements been reached by or with any parties or any liens imposed in connection with the Property concerning Hazardous Materials or Environmental Laws; and (d) no underground storage tanks exist on any part of the Property.

Appears in 2 contracts

Samples: Loan Agreement (Lasalle Hotel Properties), Loan Agreement (Lasalle Hotel Properties)

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Representations and Warranties on Environmental Matters. To Borrower's actual ’s knowledge, except as set forth in the Site Assessment delivered Assessments obtained by Lender in connection with the origination Loan closing (copies of the Loanwhich have been provided to Borrower), (a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Property any Project or any property adjacent to the Property any Project (except for cleaning and other products currently used in connection with, and necessary and appropriate for, with the routine maintenance or repair of the Property or the operation thereof as a hotel Projects in material full compliance with Environmental Laws) and no Hazardous Material was removed or transported from the Property, except in full compliance with any Environmental LawsProject, (b) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Property does Projects do not, and did not previously, violate any Environmental Laws, (c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened (in writing)threatened, nor have any settlements been reached by or with any parties or any liens imposed in connection with the Property any Project concerning Hazardous Materials or Environmental Laws; and (d) no underground storage tanks exist on any part of the Propertyany Project.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Representations and Warranties on Environmental Matters. To Borrower represents and warrants to Lender that, to Borrower's actual knowledge, except as set forth in the Site Assessment delivered in connection with the origination of the LoanAssessment, (a1) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the Property Project or any property adjacent to the Property Project (except for cleaning and other products currently used in connection with, and necessary and appropriate for, with the routine maintenance or repair of the Property or Project, and the operation thereof generation of a small amount of lead by Fujitsu Ten Corp. of America as a hotel disclosed in material Section 58 of its lease with Borrower, in each case in full compliance with Environmental Laws) and no Hazardous Material was removed or transported from the Property, except in full compliance with any Environmental Laws), (b2) all permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the Property does Project do not, and did not previously, violate any Environmental Laws, (c3) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened (in writing)threatened, nor have any settlements been reached by or with any parties or any liens Liens imposed in connection with the Property Project concerning Hazardous Materials or Environmental Laws; Laws and (d4) no underground storage tanks exist on any part of at the PropertyProject.

Appears in 2 contracts

Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.), Loan Agreement (Cornerstone Core Properties REIT, Inc.)

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Representations and Warranties on Environmental Matters. To Borrower represents and warrants to Administrative Agent and Lenders that, to Borrower's actual knowledge, except as set forth in the Site Assessment delivered in connection with the origination of the LoanAssessments, (a) no Hazardous Material is now or was formerly used, stored, generated, manufactured, installed, treated, discharged, disposed of or otherwise present at or about the any Property or any property adjacent to the any Property (except for cleaning and other products currently used in connection with, and necessary and appropriate for, with the routine maintenance or repair of the Property or the operation thereof as a hotel Portfolio in material full compliance with Environmental Laws) and no Hazardous ), so as to have a Material was removed or transported from the Property, except in full compliance with any Environmental LawsAdverse Effect, (b) all material permits, licenses, approvals and filings required by Environmental Laws have been obtained, and the use, operation and condition of the each Property does not, and did not previously, violate any Environmental Laws, (c) no civil, criminal or administrative action, suit, claim, hearing, investigation or proceeding has been brought or been threatened (in writing)threatened, nor have any settlements been reached by or with any parties or any liens imposed in connection with the any Property concerning Hazardous Materials or Environmental Laws; , and (d) no underground storage tanks exist on any part of at the PropertyProperties.

Appears in 1 contract

Samples: Loan Agreement (Shurgard Storage Centers Inc)

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