Common use of Compliance with Environmental Laws; Environmental Reports Clause in Contracts

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 37 contracts

Samples: Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp), Credit Agreement (Mattress Firm Holding Corp.)

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Compliance with Environmental Laws; Environmental Reports. (a) Comply, Comply and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned, owned or operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; property and obtain and renew all material Environmental Permits applicable to its operations and Real Property; property and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided provided, however, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 8 contracts

Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by of any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 8 contracts

Samples: Credit Agreement (Navisite Inc), Credit Agreement (Linens N Things Inc), Credit Agreement (LNT Leasing II, LLC)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and use its best efforts to cause all lessees and other persons Persons occupying Real Property owned, operated or leased by any Company Loan Party to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided provided, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 7 contracts

Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and use commercially reasonably efforts to cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 4 contracts

Samples: Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons Persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses any Response required by, and by a Governmental Authority in accordance with, with Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Lenox Group Inc), Term Loan Credit Agreement (Department 56 Inc), Revolving Credit Agreement (Lenox Group Inc)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, Comply and cause all lessees and other persons occupying Real Property Property, to the extent owned, operated or leased otherwise controlled by any Company Company, to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; property and obtain and renew all material Environmental Permits applicable to its operations and Real Property; property and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided provided, however, that no Company shall be required to undertake any Response comply with the foregoing to the extent that either (i) its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAPGAAP or (ii) the failure to so comply could not reasonably be expected to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons Persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided provided, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, Comply and cause all lessees and other persons occupying Real Property Property, to the extent owned, operated or leased otherwise controlled by any Company Company, to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; property and obtain and renew all material Environmental Permits applicable to its operations and Real Property; property and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided provided, however, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Wh Holdings Cayman Islands LTD), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife International Inc)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Thompson Creek Metals CO Inc.), Credit Agreement (Thompson Creek Metals CO Inc.), Credit Agreement (Norcraft Holdings, L.P.)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons Persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Bearingpoint Inc), Control Agreement (Bearingpoint Inc)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property (whether owned, operated or leased by leased) of any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (SGS International, Inc.), Credit Agreement (Southern Graphic Systems, Inc.)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; Property; and conduct all Responses required by, and in accordance with, Environmental Laws; Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Global Geophysical Services Inc), Second Lien Credit Agreement (Global Geophysical Services Inc)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned, operated or leased by any Company its properties to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Propertyproperties; obtain and renew all material Environmental Permits applicable to environmental permits necessary for its operations and Real Propertyproperties; and conduct all Responses required by, and any remedial action in accordance with, with Environmental Laws; provided provided, however, that no Company none of the Borrower or any Subsidiary shall be required to undertake any Response remedial action required by Environmental Laws to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Biglari Holdings Inc.), Credit Agreement (Biglari Holdings Inc.)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company Loan Party to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company Loan Party shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Delta Petroleum Corp/Co), Credit Agreement (Builders FirstSource, Inc.)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided PROVIDED that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Ply Gem Industries Inc), Credit Agreement (Ply Gem Industries Inc)

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Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by of any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct conduct, in all material respects, all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company Borrower to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company Borrower shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP; provided, further, that except in each case where noncompliance or nonpayment would not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Verasun Energy Corp)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and use commercially reasonable efforts to cause all lessees and other persons Persons occupying Real Property owned, operated or leased by any Company its properties to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Propertyproperties; obtain and renew all material Environmental Permits applicable to environmental permits necessary for its operations and Real Propertyproperties; and conduct all Responses any remedial action required by, and in accordance with, with Environmental Laws; provided provided, however, that no Company none of Borrower or any Subsidiary shall be required to undertake any Response remedial action required by Environmental Laws to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Internap Network Services Corp)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by of any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in 119 accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 1 contract

Samples: Option Credit Agreement (Linens N Things Inc)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, Comply and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned, owned or operated or leased by any Company to comply, in all material respects with all Environmental Envi- ronmental Laws and Environmental Permits applicable to its operations and Real Property; property and obtain and renew all material Environmental Permits applicable to its operations and Real Property; property and conduct all Responses required by, and any Response in accordance with, with Environmental Laws; provided provided, however, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Cpi Holdco Inc)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company Loan Party to comply, in all material respects with all material Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company Loan Party shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Ivanhoe Energy Inc)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company the Borrower to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company the Borrower shall not be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 1 contract

Samples: Agreement

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and use commercially reasonable efforts to cause all lessees and other persons Persons occupying Real Property owned, operated or leased by any Company its properties to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Propertyproperties; obtain and renew all material Environmental Permits applicable to environmental permits necessary for its operations and Real Propertyproperties; and conduct all Responses required by, and any remedial action in accordance with, with Environmental Laws; provided provided, however, that no Company none of Borrower or any Subsidiary shall be required to undertake any Response remedial action required by Environmental Laws to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Biglari Holdings Inc.)

Compliance with Environmental Laws; Environmental Reports. (aA) Comply, and cause all lessees and other persons Persons occupying Real Property owned, operated or leased by any Company Issuer Party to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company Issuer Party shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 1 contract

Samples: Note Purchase Agreement (Cambium-Voyager Holdings, Inc.)

Compliance with Environmental Laws; Environmental Reports. (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated of Holdings or leased by any Company of its Subsidiaries to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company neither Holdings nor any of its Subsidiaries shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

Appears in 1 contract

Samples: Purchase Agreement (Digital Domain)

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