Common use of Environmental and Safety Matters Clause in Contracts

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower or any of its Subsidiaries has received notice of any failure so to comply. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, the Borrower's and its Subsidiaries' plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower or any of its Subsidiaries has received notice of any failure so to comply. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, the Borrower's ’s and its Subsidiaries' ’ plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of neither the Borrower or nor any of its Subsidiaries has received written notice of any failure so to comply. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, the Borrower's ’s and its Subsidiaries' ’ plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Response, Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Substances Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of neither the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except As of the Effective Date, except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.17, each of the Borrower and each of its the Subsidiaries has complied in all material respects with all applicable Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control protection of the environment or to employee health or safety. As of the Effective Date, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.17, none of neither the Borrower or nor any of its Subsidiaries Subsidiary has received notice of any material failure so to comply. Except as set forth in Schedule 3.17 or otherwise previously disclosed to The facilities of the Banks in writing, Borrower and the Borrower's and its Subsidiaries' plants Subsidiaries do not manage or contain any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominateddenominated substances, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution protection of the environment, human health or to employee health and safetysafety (collectively, "HAZARDOUS MATERIALS"), in violation in any material respect of any such law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed 3.17, to the Banks in writing, none knowledge of the Borrower nor any of its Subsidiaries is aware of any Borrowers, there are no events, conditions or circumstances involving environmental pollution pollution, regulation or contamination control or employee health or safety that is are reasonably expected likely to result in liability which would have a Material Adverse Effectany material liabilities being incurred by the Borrower or any Subsidiary.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, each of the Borrower Company and each of its Subsidiaries has complied Subsidiary is in compliance in all material respects with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichwhere the failure to do so would not be reasonably likely, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, neither the Banks in writing, none of the Borrower or Company nor any of its Subsidiaries Subsidiary has received notice of any material failure so to comply, which non-compliance neither has been remedied nor is being contested in good faith by the Company nor is the subject of the Company's good faith efforts to achieve compliance. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the BorrowerCompany's and its the Subsidiaries' plants facilities do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendment and Reauthorization Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, as amended, the Clean Water Act, the Occupational Health and Safety Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichwhere the failure to do so would not reasonably be expected, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, none of the Borrower nor any of its Subsidiaries Company is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is would be reasonably expected likely to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, each of the Borrower Company and each of its the Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichinstances of non-compliance that, individually or in the aggregate, would are not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, neither the Banks in writing, none of the Borrower or Company nor any of its Subsidiaries Subsidiary has received notice written notices of any material failure so to comply, which, if adversely determined, individually or in the aggregate, would be reasonably likely to result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the Borrower's Company and its Subsidiaries' plants the Subsidiaries do not manage generate, treat, store, transport, dispose of or release at any facility owned or operated by any of them any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichthat, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, none of the Borrower nor any of its Subsidiaries Company is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is could reasonably be expected to result in liability which on the part of the Company or any Subsidiary, except for such events, conditions or circumstances that, individually or in the aggregate, would have not be reasonably likely to result in a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, each of the Borrower Company and each of its the Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichinstances of non- compliance that, individually or in the aggregate, would are not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, neither the Banks in writing, none of the Borrower or Company nor any of its Subsidiaries Subsidiary has received notice written notices of any material failure so to comply, which, if adversely determined, individually or in the aggregate, would be reasonably likely to result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the Borrower's Company and its Subsidiaries' plants the Subsidiaries do not manage generate, treat, store, transport, dispose of or release at any facility owned or operated by any of them any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichthat, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, none of the Borrower nor any of its Subsidiaries Company is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is could reasonably be expected to result in liability which on the part of the Company or any Subsidiary, except for such events, conditions or circumstances that, individually or in the aggregate, would have not be reasonably likely to result in a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower or any of its Subsidiaries has received notice of any failure so to comply. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, the Borrower's ’s and its Subsidiaries' ’ plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, each of the Borrower Company and each of its Subsidiaries has complied Subsidiary is in compliance in all material respects with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations whichwhere the failure to do so would not be reasonably likely, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, neither the Banks in writing, none of the Borrower or Company nor any of its Subsidiaries Subsidiary has received notice of any material failure so to comply, which non-compliance neither has been remedied nor is being contested in good faith by the Company nor is the subject of the Company's good faith 49 efforts to achieve compliance. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.15, the BorrowerCompany's and its the Subsidiaries' plants facilities do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendment and Reauthorization Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, as amended, the Clean Water Act, the Occupational Health and Safety Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations whichwhere the failure to do so would not reasonably be expected, individually or in the aggregate, would not be reasonably likely to have result in a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to 3.15, the Banks in writing, none of the Borrower nor any of its Subsidiaries Company is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is would be reasonably expected likely to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as The Borrower and each Subsidiary complies, and, except with respect to such matters that gave rise to those actions, suits, proceedings or investigations set forth in Schedule 3.17 or otherwise previously disclosed to the Banks 4.09 and that are also set forth on Schedule 4.17(a), has complied, in writingall material respects, each of the Borrower and each of its Subsidiaries has complied with all applicable foreign, Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safetysafety (collectively, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect"Environmental Laws"). Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of Neither the Borrower or nor any of its Subsidiaries Subsidiary has received notice of any failure so to complycomply which alone or together with any other such notice could reasonably be expected to result in a Material Adverse Effect. Except as set forth The Borrower and its Subsidiaries reasonably believe that they will be able to continue to comply with all applicable Environmental Laws, and renew or obtain all permits necessary under the Environmental Laws, except for such compliance or permits the absence of which, individually or in Schedule 3.17 or otherwise previously disclosed the aggregate, could not reasonably be expected to the Banks result in writing, the a Material Adverse Effect. The Borrower's and its the Subsidiaries' plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, substances or toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating Environmental Law in a manner that could reasonably be expected to environmental pollution result, individually or employee health and safetytogether with other such management, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing, none of Neither the Borrower nor any Subsidiary has assumed, by contract or, to the best of its Subsidiaries knowledge, by operation of law, any liability, including contingent liability, under any Environmental Law, except as set forth on Schedule 4.17(b). The Borrower is aware of any no events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is could reasonably be expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, each of the Borrower and each of its Subsidiaries has complied with all Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control or to employee health or safety, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of neither the Borrower or nor any of its Subsidiaries has received written notice of any failure so to comply. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, the Borrower's ’s and its Subsidiaries' ’ plants do not manage any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, or substances similarly denominated, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution or employee health and safety, in violation in any material respect of any law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 4.17 or otherwise previously disclosed to the Banks in writing, none of neither the Borrower nor any of its Subsidiaries is aware of any events, conditions or circumstances involving environmental pollution or contamination or employee health or safety that is reasonably expected to result in liability which would have a Material Adverse Effect.

Environmental and Safety Matters. Except As of the Closing Date, except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.17, each of the Borrower and each of its the Subsidiaries has complied in all material respects with all applicable Federal, state, local and other statutes, ordinances, orders, judgments, rulings and regulations relating to environmental pollution or to environmental regulation or control protection of the environment or to employee health or safety. As of the Closing Date, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed to the Banks in writing3.17, none of neither the Borrower or nor any of its Subsidiaries Subsidiary has received notice of any material failure so to comply. Except as set forth in Schedule 3.17 or otherwise previously disclosed to The facilities of the Banks in writing, Borrower and the Borrower's and its Subsidiaries' plants Subsidiaries do not manage or contain any hazardous wastes, hazardous substances, hazardous materials, toxic substances, toxic pollutants, pollutants or substances similarly denominateddenominated substances, as those terms or similar terms are used in the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Clean Air Act, the Clean Water Act or any other applicable law relating to environmental pollution protection of the environment, human health or to employee health and safetysafety (collectively, "HAZARDOUS MATERIALS"), in violation in any material respect of any such law or any regulations promulgated pursuant thereto, except for violations which, in the aggregate, would not be reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 3.17 or otherwise previously disclosed 3.17, to the Banks in writing, none knowledge of the Borrower nor any of its Subsidiaries is aware of any Borrowers, there are no events, conditions or circumstances involving environmental pollution pollution, regulation or contamination control or employee health or safety that is are reasonably expected likely to result in liability which would have a Material Adverse Effectany material liabilities being incurred by the Borrower or any Subsidiary.