Common use of Environmental Condition Clause in Contracts

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 5.145.13, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, Subsidiaries 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s Borrowers' knowledge, none of Borrower’s Borrowers' or its their Subsidiaries’ ' properties or assets has ever been used by BorrowerBorrowers, its their Subsidiaries, 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 Borrower’s Borrowers' knowledge, none of Borrower’s or its Borrowers' nor their Subsidiaries’ ' 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) neither Borrower none of Borrowers nor any of its their Subsidiaries has 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 Borrower Borrowers or its their Subsidiaries, and (d) neither Borrower none of Borrowers nor its any of their Subsidiaries has 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 or its Subsidiaries any Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s Borrowers’ knowledge, none of Borrower’s Borrowers’ or its their Subsidiaries’ properties or assets has ever been used by BorrowerBorrowers, its their Subsidiaries, 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 Borrower’s Borrowers’ knowledge, none of Borrower’s or its Borrowers’ nor their Subsidiaries’ 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) neither Borrower none of Borrowers nor any of its their Subsidiaries has 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 Borrower Borrowers or its their Subsidiaries, and (d) neither Borrower none of Borrowers nor its any of their Subsidiaries has 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 or its Subsidiaries any Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule SCHEDULE 5.14, (a) to Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries’ properties or ' assets has ever been used by Borrower, its Subsidiaries, Subsidiaries 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries has 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.12, (a) to Borrower’s knowledge, none of neither Borrower’s or nor its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such usedisposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to Borrower’s knowledge, none of neither Borrower’s or nor its Subsidiaries’ 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) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor any of its Subsidiaries has received a summonsnor, citationto Borrower’s knowledge, noticeany of their respective facilities or operations is subject to any outstanding written order, consent decree, or directive from the United States settlement agreement with any Person relating to any Environmental Protection Agency Law or any other federal or state governmental agency concerning any action or omission by Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that Environmental Liability that, individually or in the aggregate aggregate, could reasonably be expected to result in a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 5.145.14 and except with respect to any other matters that individually or in the aggregate could not reasonably be expected to result in a Material Adverse Change, (a) to the best of Parent's and each Borrower’s 's knowledge, none of Borrower’s Parent's or its Borrowers', or any of their Subsidiaries’ properties or ', assets has ever been used by Borrowersuch Parent or Borrowers, its or their respective Subsidiaries, 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 Borrower’s the best of Parent's and Borrowers' knowledge, none of Borrower’s Parent's or its Borrowers', or any of their respective Subsidiaries’ ', 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) neither Borrower nor none of Parent or Borrowers, or any of its Subsidiaries their respective Subsidiaries, 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 Borrower Parent or its Borrowers, or any of their respective Subsidiaries, and (d) neither Borrower nor its Subsidiaries none of Parent or Borrowers or any of their respective Subsidiaries, has 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 Borrower Parent or its Subsidiaries any Borrower, or any of their Subsidiaries, resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.145.13, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, 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, violation of any applicable Environmental LawLaw and such violation could reasonably be expected to have a Material Adverse Change, (b) to 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually environment, which summons, citation, notice or in the aggregate directive could reasonably be expected to result in have a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries’ properties or ' assets has ever been used by Borrower, its Subsidiaries, 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.145.14 or except for matters that could not reasonably be expected to result in a Material Adverse Change, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, 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, violation of any applicable Environmental Law, (b) to 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has received a summons, citation, notice, or directive from the United States U.S. Environmental Protection Agency or any other federal or state governmental agency concerning any action or omission by Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s knowledge, none None of Borrower’s 's or its Subsidiaries’ any Subsidiary's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower's knowledge, its Subsidiaries, or by previous owners or operators operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, hazardous waste or hazardous substance other than in accordance with applicable law except where such use, production, storage, handling, treatment, release or transport was failure to act in violation, in any material respect, accordance with applicable law would not reasonably be expected to have a Material Adverse Effect as determined by the Banks; to the best of any applicable Environmental Law, (b) to Borrower’s 's knowledge, none of Borrower’s or its Subsidiaries’ 's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials hazardous waste or hazardous substance disposal site, (c) neither Borrower nor or a candidate for closure pursuant to any of its Subsidiaries has received notice that a Lien environmental protection statute; no lien arising under any Environmental Law environmental protection statute has attached to any revenues or to any Real Property real or personal property owned or operated by Borrower or its Subsidiaries, any Subsidiary which would reasonably be expected to have a Material Adverse Effect as determined by the Banks; and (d) neither Borrower nor its Subsidiaries any Subsidiary has received a summons, citation, notice, or directive from the United States Environmental Protection Agency or any other federal federal, state or state other governmental agency concerning any action or omission by Borrower or its Subsidiaries any Subsidiary resulting in the releasing releasing, or otherwise disposing of Hazardous Materials hazardous waste or hazardous substances into the environment that individually or in the aggregate could would reasonably be expected to result in have a Material Adverse ChangeEffect as determined by the Banks.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s Borrowers’ knowledge, none of Borrower’s Borrowers’ or its their Subsidiaries’ properties or assets has ever been used by BorrowerBorrowers, its their Subsidiaries, 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 Borrower’s Borrowers’ knowledge, none of Borrower’s Borrowers’ or its their Subsidiaries’ 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) neither Borrower nor none of Borrowers or any of its their Subsidiaries has 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 Borrower Borrowers or its their Subsidiaries, and (d) neither Borrower nor its none of Borrowers or any of their Subsidiaries has 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 or its Subsidiaries any Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.145.13, (a) to Borrower’s Borrowers' knowledge, none of Borrower’s Borrowers' or its their Subsidiaries’ ' properties or assets has ever been used by BorrowerBorrowers, its their Subsidiaries, 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 Borrower’s Borrowers' knowledge, none of Borrower’s Borrowers' or its their Subsidiaries’ ' 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) neither Borrower nor none of Borrowers or any of its their Subsidiaries has 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 Borrower Borrowers or its their Subsidiaries, and (d) neither Borrower nor its none of Borrowers or any of their Subsidiaries has 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 or its Subsidiaries any Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s knowledge, none of Borrower’s Loan Parties’ or its their Subsidiaries’ properties or assets has ever been used by BorrowerLoan Parties, its their Subsidiaries, 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, violation of any applicable Environmental LawLaw and would reasonably be expected to result in a Material Adverse Change, (b) to the Borrower’s knowledge, none of Borrower’s Loan Parties’, or its their Subsidiaries’ 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) neither Borrower none of the Loan Parties’ nor any of its their Subsidiaries has 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 Borrower any Loan Party or any of its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually where the subject matter of such summons, citation, notice or in the aggregate could directive would be reasonably be expected likely to result in a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, or by previous owners or operators thereof 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 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 Materials disposal site, (c) neither Borrower nor or any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor any of its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries’ properties or any Subsidiary of Borrower's assets has ever been used by Borrower, its Subsidiaries, any such Subsidiary 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 Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries’ any Subsidiary of Borrower's 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) neither Borrower nor any has not and, to Borrower's knowledge, no Subsidiary of its Subsidiaries 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 Borrower or its Subsidiariesany Subsidiary of Borrower, and (d) neither Borrower nor its Subsidiaries has not and, to Borrower's knowledge, no Subsidiary of Borrower has 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 Borrower or its Subsidiaries any Subsidiary of Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in violation of the Environmental Laws. Notwithstanding any other provision of this Agreement and except as otherwise set forth in the aggregate could reasonably be expected to result in a Material Adverse ChangeEnvironmental Indemnity Agreement, this Section 5.14 sets forth Borrower's sole and exclusive representation regarding Environmental Matters, Environmental Laws and Hazardous Materials.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever for the applicable statute of limitations period been used by Borrower, its Subsidiaries, 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has received a summons, citation, notice, or directive from the United States Environmental Protection Agency or any other federal or state governmental agency Governmental Authority concerning any action or omission by Borrower or its Subsidiaries any Subsidiary of Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties owned Real Property or assets has ever been used by Borrower, its Subsidiaries, 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 Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties owned Real Property or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has received a summons, citation, notice, or directive from the United States Environmental Protection Agency or any other federal or state governmental agency Governmental Authority concerning any action or omission by Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s 's knowledge, none of Borrower’s Parent's or its Subsidiaries’ ' properties or assets has ever been used by BorrowerParent, its Subsidiaries, 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 Parent's or Borrower’s 's knowledge, none of Borrower’s Parent'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 Materials disposal site, (c) neither Borrower Parent nor any of its Subsidiaries 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 Borrower Parent or its Subsidiaries, and (d) neither Borrower Parent nor its Subsidiaries has 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 Borrower Parent or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule SCHEDULE 5.14, (a) to ------------------------ ------------- Borrower’s 's knowledge, none of Borrower’s or its Subsidiaries’ the properties or assets of Borrower or any of its Subsidiaries has ever been used by Borrower, Borrower or any of its Subsidiaries, Subsidiaries 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 Borrower’s 's knowledge, none of Borrower’s or its Subsidiaries’ the properties or assets of Borrower or any of its Subsidiaries has ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) neither Borrower nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property or Oil and Gas Properties owned or operated by Borrower or any of its Subsidiaries, and (d) neither Borrower nor any of its Subsidiaries has 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 Borrower or any of its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.14 to the Disclosure Letter, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s Borrowers’ knowledge, none of Borrower’s Borrowers’ or its their Subsidiaries’ properties or assets has ever been used by BorrowerBorrowers, its their Subsidiaries, 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 Borrower’s Borrowers’ knowledge, none of Borrower’s or its Borrowers’ nor their Subsidiaries’ 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) neither Borrower none of Borrowers nor any of its their Subsidiaries has 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 Borrower Borrowers or its their Subsidiaries, and (d) neither Borrower none of Borrowers nor its any of their Subsidiaries has have received a material 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 or its Subsidiaries any Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate which could reasonably be expected to result in a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries’ ' properties or assets has ever been used by Borrower, its Subsidiaries, 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s each of the Obligors' knowledge, none of Borrower’s Prandium's or any of its Subsidiaries’ properties or ' assets has ever been used by Borrower, its Subsidiaries, 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 LawLaw in a manner that could reasonably be expected to result in a Material Adverse Change, (b) to Borrower’s each of the Obligors' knowledge, none of Borrower’s Prandium's or any of its Subsidiaries’ ' 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) neither Borrower Prandium nor any of its Subsidiaries has 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 Borrower Prandium or any of its Subsidiaries, and (d) neither Borrower Prandium nor any of its Subsidiaries has 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 Borrower Prandium or any of its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s knowledge, none of Borrower’s or its Domestic Subsidiaries’ properties or assets has ever been used by Borrower, its Domestic Subsidiaries, 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 Borrower’s knowledge, none of Borrower’s or its Domestic Subsidiaries’ 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) neither Borrower nor any of its Domestic Subsidiaries 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 Borrower or its Domestic Subsidiaries, and (d) neither Borrower nor its Domestic Subsidiaries has 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 Borrower or its Domestic Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, 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 Borrower’s knowledge, none of Borrower’s or nor its Subsidiaries’ 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) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries any Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries’ ' properties or assets has ever been used by Borrower, its Subsidiaries, 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 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s knowledgethe knowledge of any Environmental Responsible Officer of Parent or any of its Subsidiaries, none of Borrower’s Parent's or its Subsidiaries’ ' properties or assets has ever been used by BorrowerParent, its Subsidiaries, 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 Borrower’s knowledgethe knowledge of any Environmental Responsible Officer, none of Borrower’s Parent'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 Materials disposal site, (c) neither Borrower Parent nor any of its Subsidiaries 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 Borrower Parent or its Subsidiaries, and (d) neither Borrower Parent nor its Subsidiaries has 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 Borrower Parent or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.145.14 and except to the extent any of the following reasonably could not be expected to have a Material Adverse Change, (ai) to Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries’ properties or ' assets has ever been used by Borrower, its Subsidiaries, 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, (bii) to 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 Materials disposal site, (ciii) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (div) neither Borrower nor its Subsidiaries has received a summons, order, citation, notice, or directive from the United States Environmental Protection Agency or any other federal or state governmental agency Governmental Authority concerning any action or omission by Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.144.13, (a) to Borrower’s Borrowers' knowledge, none of Borrower’s Borrowers' or its their Subsidiaries’ ' properties or assets has ever been used by BorrowerBorrowers, its their Subsidiaries, 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 Borrower’s Borrowers' knowledge, none of Borrower’s or its Borrowers' nor their Subsidiaries’ ' properties or assets has ever been designated or identified in any manner pursuant to and in violation of any environmental protection statute applicable Environmental Law as a Hazardous Materials disposal site, (c) neither Borrower none of Borrowers nor any of its their Subsidiaries has 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 Borrower Borrowers or its their Subsidiaries, and (d) neither Borrower none of Borrowers nor its any of their Subsidiaries has 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 or its Subsidiaries any Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changematerial violation of any applicable Environmental Laws.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s Borrowers’ knowledge, none of Borrower’s Borrowers’ or its their Operating Subsidiaries’ properties or assets has ever been used by BorrowerBorrowers, its their Operating Subsidiaries, 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 Borrower’s Borrowers’ knowledge, none of Borrower’s or its Borrowers’ nor their Operating Subsidiaries’ 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) neither Borrower none of Borrowers nor any of its their Operating Subsidiaries has 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 Borrower Borrowers or its their Operating Subsidiaries, and (d) neither Borrower none of Borrowers nor its any of their Operating Subsidiaries has 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 or its Subsidiaries any Operating Subsidiary of a Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s 's knowledge, none of Borrower’s 's or its Subsidiaries’ ' properties or assets has ever been used by Borrower, its Subsidiaries, 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, violation of any applicable Environmental LawLaw and such violation could reasonably be expected to have a Material Adverse Change, (b) to 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 Materials disposal site, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually environment, which summons, citation, notice or in the aggregate directive could reasonably be expected to result in have a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 5.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or any Subsidiary of Borrower’s assets has ever been used by Borrower, its Subsidiaries, any such Subsidiary 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 Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ any Subsidiary of Borrower’s 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) neither Borrower nor any has not and, to Borrower’s knowledge, no Subsidiary of its Subsidiaries 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 Borrower or its Subsidiariesany Subsidiary of Borrower, and (d) neither Borrower nor its Subsidiaries has not and, to Borrower’s knowledge, no Subsidiary of Borrower has 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 Borrower or its Subsidiaries any Subsidiary of Borrower resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in violation of the Environmental Laws. Notwithstanding any other provision of this Agreement and except as otherwise set forth in the aggregate could reasonably be expected to result in a Material Adverse ChangeEnvironmental Indemnity Agreement, this Section 5.14 sets forth Borrower’s sole and exclusive representation regarding Environmental Matters, Environmental Laws and Hazardous Materials.

Environmental Condition. Except as set forth on Schedule 5.144.14, (a) to Borrower’s knowledge, none of Borrower’s or its Subsidiaries’ properties or assets has ever been used by Borrower, its Subsidiaries, 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 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 Environmental Law as a location where Hazardous Materials disposal sitehave been disposed of or released, (c) neither Borrower nor any of its Subsidiaries 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 Borrower or its Subsidiaries, and (d) neither Borrower nor its Subsidiaries has 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 Borrower or its Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment that individually or in the aggregate could reasonably be expected to result in a Material Adverse Changeenvironment.