Common use of Environmental Condition Clause in Contracts

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowers, and (d) none of Borrowers have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 15 contracts

Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Wam Net Inc)

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Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower's knowledge, none of Borrowers' properties or Borrower's assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower's knowledge, none of Borrowers' Borrower's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 9 contracts

Samples: Loan and Security Agreement (I Link Inc), Loan and Security Agreement (En Pointe Technologies Inc), Loan and Security Agreement (Leapfrog Enterprises Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowers, and (d) none of Borrowers have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 5 contracts

Samples: Loan and Security Agreement (Old Evangeline Downs Capital Corp), Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Metalico Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower’s knowledge, none of Borrowers' properties or the Obligors’ real property assets has ever been used by Borrowers the Obligors or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower’s knowledge, none of Borrowers' the Obligors’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers the Obligors have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowersthe Obligors, and (d) none of Borrowers the Obligors have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower of the Obligors resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 3 contracts

Samples: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc)

Environmental Condition. Except as set forth on Schedule 5.145.13, (a) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such use, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the United States Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 3 contracts

Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower’s knowledge, none of Borrowers' properties or Borrower’s assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 3 contracts

Samples: Loan and Security Agreement (RMH Teleservices Inc), Loan and Security Agreement (Cutter & Buck Inc), Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Companies’ knowledge, none of Borrowers' Companies’ properties or assets has ever been used by Borrowers Companies or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Companies’ knowledge, none of Borrowers' Companies’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers Companies have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersCompanies, and (d) none of Borrowers Companies have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower Company resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 3 contracts

Samples: Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower's knowledge, none of Borrowers' Borrower's properties or assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower's knowledge, none of Borrowers' Borrower's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 2 contracts

Samples: Loan and Security Agreement (Factory Card Outlet Corp), Loan and Security Agreement (Pierre Foods Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' the Loan Parties’ knowledge, none of Borrowers' the Loan Parties’ properties or assets has ever been used by Borrowers the Loan Parties or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' the Loan Parties’ knowledge, none of Borrowers' the Loan Parties’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers the Loan Parties have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowersthe Loan Parties, and (d) none of Borrowers the Loan Parties have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower Loan Party resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 2 contracts

Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' knowledge, none of Borrowers' ’ owned properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute Environmental Law as a Hazardous Materials disposal site, (c) none of Borrowers have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowers, and (d) none of Borrowers have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Cellstar Corp)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower’s knowledge, none of Borrowers' properties or Borrower’s assets has have ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, violation of applicable material Environmental Law, (b) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersCollateral, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 2 contracts

Samples: Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (Unified Grocers, Inc.)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to BorrowersCompanies' knowledge, none of BorrowersCompanies' properties or assets has ever been used by Borrowers Companies or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to BorrowersCompanies' knowledge, none of BorrowersCompanies' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers Companies have received written notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersCompanies, and (d) none of Borrowers Companies have received a written summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency with jurisdiction concerning any action or omission by any Borrower Company resulting in the releasing or disposing of Hazardous Materials into the environmentenvironment which could reasonably be expected to result in a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Alpine Group Inc /De/)

Environmental Condition. Except as set forth on Schedule 5.145.13, (a) to Borrowers' Borrower's knowledge, none of Borrowers' properties or Borrower's assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower's knowledge, none of Borrowers' Borrower's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersProperty, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Kennedy Wilson Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection Environmental Law, statute as a Hazardous Materials disposal site, (c) none of Borrowers have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowers, and (d) none of Borrowers have received a summons, citation, order, notice, notice of Environmental Action or directive from the Environmental Protection Agency or any other federal or state governmental agency Governmental Authority concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Highland Group Inc)

Environmental Condition. Except as set forth on Schedule 5.145.12, ----------------------- ------------- (a) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowers, and (d) none of Borrowers have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Ventiv Health Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Companies knowledge, none of BorrowersCompanies' properties or assets has ever been used by Borrowers Companies or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to BorrowersCompanies' knowledge, none of BorrowersCompanies' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers Companies have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersCompanies, and (d) none of Borrowers Companies have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any material action or omission by any Borrower Company resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Norstan Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower's knowledge, none of Borrowers' properties or Borrower's assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower's knowledge, none of Borrowers' Borrower's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property real property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Interact Commerce Corp)

Environmental Condition. Except as set forth on Schedule SCHEDULE 5.14, (a) to BorrowersCompanies' knowledge, none of BorrowersCompanies' properties or assets has ever been used by Borrowers Companies, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to BorrowersCompanies' knowledge, none of BorrowersCompanies' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers Companies have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersCompanies, and (d) none of Borrowers Companies have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower Company resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Midway Games Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' each Borrower's knowledge, none of Borrowers' its properties or assets has ever been used by Borrowers such Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' each Borrower's knowledge, none of Borrowers' its properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have neither Borrower has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowerssuch Borrower, and (d) none of Borrowers have neither Borrower has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any such Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (FFP Marketing Co Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower’s knowledge, none of Borrowers' properties or Borrower’s assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of a reportable quantity of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (BGF Industries Inc)

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Environmental Condition. Except as set forth on Schedule SCHEDULE 5.14, (a) to BorrowersCompanies' knowledge, none of BorrowersCompanies' properties or assets has ever been used by Borrowers Companies or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to BorrowersCompanies' knowledge, none of BorrowersCompanies' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers Companies have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersCompanies, and (d) none of Borrowers Companies have received a summons, citation, notice, or directive from the United States Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower Company resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (James River Coal CO)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower's knowledge, none of Borrowers' properties or Borrower's assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower's knowledge, none of Borrowers' Borrower's properties or assets has ever been designated or identified by any Governmental Authority in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in –42– the releasing or disposing of Hazardous Materials into the environmentenvironment in violation, in any material respect, of applicable Environmental Law.

Appears in 1 contract

Samples: Loan and Security Agreement (Special Devices Inc /De)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowersthe Loan Parties' knowledge, none of Borrowersthe Loan Parties' properties or assets has ever been used by Borrowers the Loan Parties or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowersthe Loan Parties' knowledge, none of Borrowersthe Loan Parties' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers the Loan Parties have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowersthe Loan Parties, and (d) none of Borrowers the Loan Parties have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal federal, territorial, provincial or state governmental agency concerning any action or omission by any Borrower Loan Party resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Geac Computer Corp LTD)

Environmental Condition. Except as set forth on Schedule 5.14, (a) ----------------------- ------------- to Borrowers' knowledge, none of Borrowers' properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of the Borrowers have has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowers, and (d) none of the Borrowers have has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Hologic Inc)

Environmental Condition. Except as set forth on Schedule 5.145.13, (a) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowers, and (d) none of Borrowers have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (SCB Computer Technology Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to ----------------------- ------------- Borrowers' knowledge, none of Borrowers' properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowers, and (d) none of Borrowers have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environmentenvironment the result of which could be expected to be a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Friede Goldman Halter Inc)

Environmental Condition. Except as set forth on Schedule 5.146.14, (a) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been used by Borrowers or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property Collateral owned or operated by Borrowers, and (d) none of Borrowers have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Environmental Condition. Except as set forth on Schedule 5.144.10, (a) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan Agreement (American Greetings Corp)

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been used by Borrowers Borrower, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such use, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to Borrowers' Borrower’s knowledge, none of Borrowers' Borrower’s properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the United States Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Credit Agreement (Baseline Oil & Gas Corp.)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to BorrowersObligors' knowledge, none of BorrowersObligors' properties or assets has ever been used by Borrowers any Obligor or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to BorrowersObligors' knowledge, none of BorrowersObligors' properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have no Obligor has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowersany Obligor, and (d) none of Borrowers have no Obligor has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower Obligor resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Mikohn Gaming Corp)

Environmental Condition. Except as set forth on Schedule 5.14SCHEDULE 5.12, (a) to Borrowers' knowledge, none of Borrowers' the properties or assets of any Borrower has ever been used by Borrowers any Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' the properties or assets of any Borrower has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have no Borrower has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by Borrowersany Borrower, and (d) none of Borrowers have no Borrower has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Zanett Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Borrower's knowledge, none of Borrowers' properties or Borrower's assets has ever been used by Borrowers Borrower or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Borrower's knowledge, none of Borrowers' Borrower's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers have Borrower has not received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property real property owned or operated by BorrowersBorrower, and (d) none of Borrowers have Borrower has not received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Big Dog Holdings Inc)

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrowers' Companies’ knowledge, none of Borrowers' Companies’ properties or assets has ever been used by Borrowers Companies, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such production, storage, handling, treatment, release or transport was in violation, in any material respect, of applicable Environmental Law, (b) to Borrowers' Companies’ knowledge, none of Borrowers' Companies’ properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) none of Borrowers Companies have received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by BorrowersCompanies, and (d) none of Borrowers Companies have received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by any Borrower Company resulting in the releasing or disposing of Hazardous Materials into the environment.

Appears in 1 contract

Samples: Loan and Security Agreement (Midway Games Inc)

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