Post-Closing Environmental Conditions definition

Post-Closing Environmental Conditions means the presence of Hazardous Materials at, on, over or under the Owned Property (including the air, soil or groundwater thereof), or any portion thereof after the Closing Date, but specifically excluding any migration through the air, soil or groundwater after the Closing Date of Hazardous Materials present at, on, over or under the Owned Property (including the air, soil or groundwater thereof) prior to the Closing Date.
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Post-Closing Environmental Conditions means the presence, release, discharge, or disposal of Hazardous Materials into, on, over, about or adjacent to the Property or any portion thereof (including the soil or groundwater) or Assets resulting from the acts or omissions of Renegy, its employees, agents or contractors after the Closing Date.
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Post-Closing Environmental Conditions means any and all conditions of any Owned Real Property or Leased Real Property acquired by Southern States, including soil, surface water and groundwater contamination, resulting from the disposal or release of Hazardous Materials by Southern States after the Closing Date; or that is attributable to the operation of the Inputs Business by Southern States after the Closing Date; provided, however, that any migration of contamination first released prior to the Closing Date shall constitute a Pre-Closing Environmental Condition to the extent applicable to such migration and shall constitute a Post- Closing Environmental Condition to the extent caused after the Closing Date by operations of the Inputs Business.
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Examples of Post-Closing Environmental Conditions in a sentence

  • Post-Closing Environmental Conditions" means the presence of Hazardous Materials at, on, over or under the Real Property (including the air, soil or groundwater thereof), or any portion thereof after the Closing Date, but specifically excluding any migration through the air, soil or groundwater after the Closing Date of Hazardous Materials present at, on, over or under the Real Property (including the air, soil or groundwater thereof) prior to the Closing Date.

  • Post-Closing Environmental Conditions shall include any increase or exacerbation of Pre-Existing Contamination during the Term, except to the extent associated with an off-site source or the construction of the Immediate Repairs or Initial Improvements, unless such Pre-Existing Contamination was negligently or recklessly increased or exacerbated during the Term.


More Definitions of Post-Closing Environmental Conditions

Post-Closing Environmental Conditions means, with respect to each of the Transferred Plant Sites, any and all Environmental Conditions at, involving, relating to, arising out of or emanating from the Transferred Plant Site that are not Pre-Closing Environmental Conditions; provided, however, that in the event that the Environmental Consultant shall deliver a Clean Report with respect to a Transferred Plant Site, Post-Closing Environmental Conditions shall, with respect to such Transferred Plant Site, mean and any all Environmental Conditions at, involving, relating to, arising out of or emanating from, such Transferred Plant Site.
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Post-Closing Environmental Conditions means (i) any environmental liability at the Real Property or the Leased Premises arising from acts or omissions first occurring after the Closing Date and (ii) any liability under any Environmental Law caused by the shipment of Hazardous Substances following the Closing Date from the Real Property or the Leased Premises.
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Post-Closing Environmental Conditions means any environmental condition at any Acquired Facility other than a Pre-Closing Environmental Condition described in Section 1.3(b)(iii)(A).
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Related to Post-Closing Environmental Conditions

  • Environmental Conditions means any conditions of the environment, including, without limitation, the work place, the ocean, natural resources (including flora or fauna), soil, surface water, ground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by the use, handling, storage, treatment, recycling, generation, transportation, Release or threatened Release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, the Property.

  • Adverse Environmental Condition means (i) the existence or the continuation of the existence, of an Environmental Contamination (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Contamination), of, or exposure to, any substance, chemical, material, pollutant, Hazardous Substance, odor or audible noise or other release or emission in, into or onto the environment (including without limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment, or (iii) the violation, or alleged violation, of any Environmental Law, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any of the Equipment.

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.

  • Pre-Closing Environmental Liabilities means (i) any violation of Environmental Law arising in connection with the ownership or operation of the Properties prior to the Effective Time, (ii) any Release of Hazardous Substances onto or from the Properties prior to the Effective Time or relating to or arising from any activities conducted on such properties or from operation of such assets prior to the Effective Time and (iii) any claim, action, cause of action, inquiry, investigation, remediation, removal or restoration with respect to the matters set forth in subsection (i) or (ii) above

  • Phase I Environmental Report means a report by an Independent Person who regularly conducts environmental site assessments in accordance with then current standards imposed by institutional commercial mortgage lenders and who has a reasonable amount of experience conducting such assessments.

  • Phase I Environmental Assessment A “Phase I assessment” as described in, and meeting the criteria of, the ASTM, plus a radon and asbestos inspection.

  • Phase I Environmental Site Assessment is an assessment of the environmental condition of the Property performed in accordance with the American Society of Testing and Materials (ASTM) Standard E1527-05 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” or any successor to such ASTM Standard which is active at the time of the assessment.

  • Supplemental Conditions means those terms and conditions, if included in the Agreement by mutual written agreement of the Parties, which add to or modify the Agreement and are incorporated by reference as if fully set forth in the Agreement. In the case of a conflict between the Supplemental Conditions and the Agreement, the Supplemental Conditions shall prevail.

  • Special Conditions means Special Conditions of Contract, which override the General Conditions, also referred to as SCC.

  • Operating Environment means, collectively, the platform, environment and conditions on, in or under which the Software is intended to be installed and operate, as set forth in the Statement of Work, including such structural, functional and other features, conditions and components as hardware, operating software and system architecture and configuration.

  • Initial Environmental Examination or “IEE” means the initial environmental examination for the Project, including any update thereto, prepared and submitted by the Borrower and cleared by ADB;

  • Environmental Impact Assessment means a systematic examination conducted to determine whether or not a programme, activity or project will have any adverse impacts on the environment;

  • Congenital Condition(s) means (a) any medical, physical or mental abnormalities existed at the time of or before birth, whether or not being manifested, diagnosed or known at birth; or (b) any neo-natal abnormalities developed within six (6) months of birth.

  • Additional Conditions means the terms and conditions set out in the Offer Document.

  • Special Condition means a condition of a Transporter's Licence or Shipper's Licence other than a Standard Condition;

  • Environmental Compliance Reserve means any reserve which the Agent establishes in its reasonable discretion after prior written notice to the Borrower from time to time for amounts that are reasonably likely to be expended by the Borrower in order for the Borrower and its operations and property (a) to comply with any notice from a Governmental Authority asserting material non-compliance with Environmental Laws, or (b) to correct any such material non-compliance identified in a report delivered to the Agent and the Lenders pursuant to Section 7.7.

  • Environmental Report The environmental audit report or reports with respect to each Mortgaged Property delivered to the related Mortgage Loan Seller in connection with the origination or acquisition of the related Mortgage Loan.

  • Physical Conditions Report means, with respect to the Property, a report prepared by a company satisfactory to Lender regarding the physical condition of the Property, satisfactory in form and substance to Lender in its sole discretion, which report shall, among other things, (a) confirm that the Property and its use complies, in all material respects, with all applicable Legal Requirements (including, without limitation, zoning, subdivision and building laws) and (b) include a copy of a final certificate of occupancy with respect to all Improvements on the Property.

  • Medical condition means either of the following:

  • Environmental Contamination means each of the following and their consequences:

  • Pre-existing Medical Condition means any condition which:

  • Covered Environmental Losses means all environmental losses, damages, liabilities, claims, demands, causes of action, judgments, settlements, fines, penalties, costs and expenses (including, without limitation, costs and expenses of any Environmental Activity, court costs and reasonable attorney’s and experts’ fees) of any and every kind or character, by reason of or arising out of:

  • Abnormal Condition means any condition on the Interconnection Facilities which, determined in accordance with Good Utility Practice, is: (i) outside normal operating parameters such that facilities are operating outside their normal ratings or that reasonable operating limits have been exceeded; and (ii) could reasonably be expected to materially and adversely affect the safe and reliable operation of the Interconnection Facilities; but which, in any case, could reasonably be expected to result in an Emergency Condition. Any condition or situation that results from lack of sufficient generating capacity to meet load requirements or that results solely from economic conditions shall not, standing alone, constitute an Abnormal Condition.

  • Material Environmental Amount an amount payable by the Borrower and/or its Subsidiaries in excess of $5,000,000 for remedial costs, compliance costs, compensatory damages, punitive damages, fines, penalties or any combination thereof.

  • Environmental Site Assessment means a Phase I environmental report meeting the requirements of the American Society for Testing and Materials, and, if in accordance with customary industry standards a reasonable lender would require it, a Phase II environmental report, each prepared by a licensed third party professional experienced in environmental matters.

  • Environmental Consultant has the meaning set forth in Section 5.17(a).