Common use of Environmental Condition Clause in Contracts

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3, none of Borrower’s or any Subsidiary’s properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respects; to the best of Borrower’s knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported where the failure to the Administrative Agent pursuant do so could not reasonably be expected to Section 6.3have a Material Adverse Effect, (i) none of Borrower’s or any Subsidiary’s properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; (ii) to the best of Borrower’s knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; (iii) no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and (iv) neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported Schedule, to the Administrative Agent pursuant to Section 6.3best of the Borrower’s knowledge, none of the Borrower’s or any Subsidiary’s properties or assets has ever been used by the Borrower or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all law, which could not reasonably be expected to have a material respectsadverse effect on Borrower’s business; to the best of the Borrower’s knowledge, none of the Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by the Borrower or any Subsidiary; and neither the Borrower nor any Subsidiary has received a summons, 48 ACTIVEUS 188979588v.10 citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by the Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environmentenvironment that could reasonably be expected to result in a Material Adverse Effect.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3Schedule, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment, which if adversely determined could reasonably be expected to have a Material Adverse Effect.

Environmental Condition. Except as disclosed in the set forth on Schedule or as reported 5.7, (a) to the Administrative Agent pursuant to Section 6.3Borrowers’ knowledge, none of no Borrower’s or nor any of its Subsidiary’s properties or assets has ever been used by any Borrower or by any Subsidiary or, to the best of Borrower’s knowledge, Subsidiaries or by previous owners or operators, operators in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste Hazardous Materials, where such production, storage, handling, treatment, release or hazardous substance other than transport was in accordance with violation, in any material respect, of applicable law in all material respects; Environmental Law, (b) to the best of Borrowers’ knowledge, no Borrower’s knowledge, none nor any of Borrower’s its Subsidiaries’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance Hazardous Materials disposal site, or (c) no Borrower has received notice that a candidate for closure pursuant to any environmental protection statute; no lien Lien arising under any environmental protection statute Environmental Law has attached to any revenues or to any real Real Property owned or personal property owned operated by any Borrower or any Subsidiary; of its Subsidiaries, and neither (d) no Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, federal or state or other governmental agency concerning any material action or material omission by any Borrower or any Subsidiary of its Subsidiaries resulting in the releasing, releasing or otherwise disposing of hazardous waste or hazardous substances Hazardous Materials into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3Schedule, none of Borrower’s or any Subsidiary’s properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s knowledgeknowledge and as would reasonably be expected to result in liability to Borrower or any Subsidiary, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respects; to the best of Borrower’s knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for regulatory closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, written notice, or written directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing disposing, of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3Schedule, none of any Borrower’s or any Subsidiary’s properties or assets has ever been used by such Borrower or any Subsidiary or, to the best of such Borrower’s actual knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s actual knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by any Borrower or any Subsidiary; and neither any Borrower nor any Subsidiary has received a summons, citation, written notice, or written directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by any Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported could not reasonably be expected to the Administrative Agent pursuant to Section 6.3have a Material Adverse Effect, none of Borrower’s or any Subsidiary’s properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3Borrower's prospectus dated June 7, 1996, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported Schedule, and except to the Administrative Agent pursuant to Section 6.3extent which has not had and will not have a Material Adverse Effect, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported Schedule, and except to the Administrative Agent pursuant extent which has not had and is not reasonably expected to Section 6.3have a Material Adverse Effect, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the on Schedule or as reported to the Administrative Agent pursuant to Section 6.3C, attached hereto and incorporated herein by this reference, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.. 5.12

Environmental Condition. Except in each case as disclosed in the Schedule or as reported could not reasonably be expected to the Administrative Agent pursuant to Section 6.3have a Material Adverse Effect, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3(a) To Borrower's knowledge, none of Borrower’s 's or any Subsidiary’s its Subsidiaries' properties or assets has ever been used by Borrower Borrower, its Subsidiaries, or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, operators in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste Hazardous Materials, where such use, production, storage, handling, treatment, release or hazardous substance other than transport was in accordance with violation, in any material respect, of any applicable law in all material respects; Environmental Law, (b) to the best of Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance Hazardous Materials disposal site, or (c) neither Borrower nor any of its Subsidiaries has received notice that a candidate for closure pursuant to any environmental protection statute; no lien Lien arising under any environmental protection statute Environmental Law has attached to any revenues or to any real Real Property owned or personal property owned operated by Borrower or any Subsidiary; its Subsidiaries, and (d) neither Borrower nor any Subsidiary its Subsidiaries has received a summons, citation, notice, or directive from the United States Environmental Protection Agency or any other federal, federal or state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary its Subsidiaries resulting in the releasing, releasing or otherwise disposing of hazardous waste or hazardous substances Hazardous Materials into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported where failure to the Administrative Agent pursuant do so could not reasonably be expected to Section 6.3have a Material Adverse Effect, (i) none of Parent Borrower’s or any Subsidiary’s properties or assets has ever been used by Parent Borrower or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with all applicable law in all material respectslaws and regulations; (ii) to the best of Borrower’s knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; (iii) no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Parent Borrower or any Subsidiary; and (iv) neither Parent Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Parent Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.. 5.12

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3Schedule, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectsor where any such noncompliance would not reasonably be expected to have a Material Adverse Effect; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3, none of Borrower’s or any Subsidiary’s properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respects; to the best of Borrower’s knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3Schedule, none of Borrower’s or any Subsidiary’s the properties or assets currently owned, leased or occupied by Borrower or any Material Subsidiary has ever been used by Borrower or any Material Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s knowledge, none of Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Material Subsidiary; and neither Borrower nor any Material Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Material Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in the set forth on Schedule or as reported 5.14, (a) to the Administrative Agent pursuant to Section 6.3Borrowers' knowledge, none no Borrower's nor any of Borrower’s or any its Subsidiary’s properties or 's assets has ever been used by any Borrower or by any Subsidiary or, to the best of Borrower’s knowledge, 's Subsidiaries or by previous owners or operators, operators in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste Hazardous Materials, where such production, storage, handling, treatment, release or hazardous substance other than transport was in accordance with violation, in any material respect, of applicable law in all material respects; Environmental Law, (b) to the best of Borrower’s Borrowers' knowledge, none no Borrower's nor any of Borrower’s its Subsidiaries' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance Hazardous Materials disposal site, or (c) no Borrower has received notice that a candidate for closure pursuant to any environmental protection statute; no lien Lien arising under any environmental protection statute Environmental Law has attached to any revenues or to any real Real Property owned or personal property owned operated by any Borrower or any Subsidiary; of its Subsidiaries and neither (d) no Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, federal or state or other governmental agency concerning any material action or material omission by any Borrower or any Subsidiary of its Subsidiaries resulting in the releasing, releasing or otherwise disposing of hazardous waste or hazardous substances Hazardous Materials into the environment.

Environmental Condition. Except as disclosed in the set forth on Schedule or as reported 5.14, (a) to the Administrative Agent pursuant to Section 6.3Borrower’s knowledge, none of Borrower’s or any Subsidiary’s properties or its Subsidiaries’ assets has ever been used by Borrower Borrower, its Subsidiaries, or any Subsidiary or, to the best of Borrower’s knowledge, by previous owners or operators, operators in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste Hazardous Materials, where such production, storage, handling, treatment, release or hazardous substance other than transport was in accordance with violation, in any material respect, of applicable law in all material respects; Environmental Law, (b) to the best of Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance Hazardous Materials disposal site, or (c) neither Borrower nor any of its Subsidiaries has received notice that a candidate for closure pursuant to any environmental protection statute; no lien Lien arising under any environmental protection statute Environmental Law has attached to any revenues or to any real Real Property owned or personal property owned operated by Borrower or any Subsidiary; its Subsidiaries, and (d) neither Borrower nor any Subsidiary its Subsidiaries has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, federal or state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary its Subsidiaries resulting in the releasing, releasing or otherwise disposing of hazardous waste or hazardous substances Hazardous Materials into the environment.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3Schedule, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with violation of applicable law in all material respectslaw, except for such violations which would not have a Material Adverse Effect; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment, which has not been resolved to the satisfaction of the regulatory agency.

Environmental Condition. Except as disclosed in the Schedule or as reported to the Administrative Agent pursuant to Section 6.3Schedule, none of Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectsor where such noncompliance could not reasonably be expected to have a Material Adverse Effect; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

Environmental Condition. Except as disclosed in To the Schedule or as reported to the Administrative Agent pursuant to Section 6.3best of Borrower's knowledge, none of ----- ------------------------ Borrower’s 's or any Subsidiary’s 's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower’s 's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law in all material respectslaw; to the best of Borrower’s 's knowledge, none of Borrower’s 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any material action or material omission by Borrower or any Subsidiary resulting in the releasingrelease, or otherwise disposing other disposition of hazardous waste or hazardous substances into the environment.