Common use of Environmental Events Clause in Contracts

Environmental Events. The Borrower will promptly give notice to the Agent (i) upon the Borrower obtaining knowledge of any potential or known Release of any Hazardous Substances at or from any Real Estate; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either case involves any Real Estate or has the potential to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiary.

Appears in 6 contracts

Samples: Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust), Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust), Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust)

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Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a written notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Mortgaged Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 6 contracts

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Tier Reit Inc), Credit Agreement (Carter Validus Mission Critical REIT, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Borrowing Base Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 5 contracts

Samples: Credit Agreement (Condor Hospitality Trust, Inc.), Credit Agreement (Condor Hospitality Trust, Inc.), Management Agreement (New Senior Investment Group Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent Lender (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from any Real EstateCollateral Property of Borrower or Owner; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors Borrower or any of their respective Subsidiaries Owner reports in writing or is reportable by such Person Borrower or Owner in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either case involves any Real Estate or the Collateral Property and has the potential to materially affect result in a Material Adverse Effect with respect to the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor Borrower or any SubsidiaryOwner.

Appears in 5 contracts

Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances in violation of any applicable Environmental Law at or from any Real Estate; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any written inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Unencumbered Borrowing Base Property, or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 5 contracts

Samples: Term Loan Agreement (Mid-America Apartments, L.P.), Term Loan Agreement (Mid-America Apartments, L.P.), Term Loan Agreement (Mid America Apartment Communities Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a written notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Pool Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) prior to the potential Release of Security Date, the Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 4 contracts

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and agency; or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Subject Property or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Gladstone Commercial Corp)

Environmental Events. The Borrower will promptly give notice to the Agent within ten (10) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a written notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) an Unencumbered Pool Property, or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 4 contracts

Samples: Term Credit Agreement (STORE CAPITAL Corp), Credit Agreement (STORE CAPITAL Corp), Bridge Loan Credit Agreement (STORE CAPITAL Corp)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a written notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) an Unencumbered Pool Property, or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Carter Validus Mission Critical REIT, Inc.), Term Loan Agreement (Carter Validus Mission Critical REIT, Inc.), Credit Agreement (Carter Validus Mission Critical REIT, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Mortgaged Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 3 contracts

Samples: Credit Agreement (GTJ Reit, Inc.), Credit Agreement (GTJ Reit, Inc.), Credit Agreement (GTJ REIT, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within ten (10) Business Days of receiving actual notice or having actual knowledge of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Borrowing Base Asset, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 3 contracts

Samples: Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (Jernigan Capital, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent (i) upon the Borrower obtaining knowledge of any potential or known Release of any Hazardous Substances at or from any Real Estatethe Mortgaged Property; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency agency; and (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either case involves any Real Estate the Mortgaged Property or has the potential to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor Borrower or any SubsidiarySubsidiary or the Agent's liens on the Collateral pursuant to the Security Documents.

Appears in 3 contracts

Samples: Master Revolving Credit Agreement (Ramco Gershenson Properties Trust), Master Revolving Credit Agreement (Ramco Gershenson Properties Trust), Master Revolving Credit Agreement (Ramco Gershenson Properties Trust)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a written notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Pool Property, or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Term Loan Agreement (Carter Validus Mission Critical REIT II, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent (i) upon the Borrower obtaining knowledge of any potential or known Release of any Hazardous Substances at or from any Real Estate; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either case involves any Real Estate or has the potential to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySubsidiary or the Agent’s liens on the Collateral pursuant to the Security Documents.

Appears in 2 contracts

Samples: Secured Master Loan Agreement (Ramco Gershenson Properties Trust), Secured Master Loan Agreement (Ramco Gershenson Properties Trust)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any foreign, federal, state state, local or local provincial environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any foreign, federal, state state, local or local provincial environmental agency or board, that in either any case involves (A) any Unencumbered Property included in the calculation of Unencumbered Asset Value, or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (DuPont Fabros Technology LP), Credit Agreement (Dupont Fabros Technology, Inc.)

Environmental Events. The Borrower will promptly give notice to each of the Agent Agents and each of the Banks promptly and in any event within ten (i10) upon days of (a) the Borrower obtaining knowledge receipt of any potential or known Release of any Hazardous Substances at or from any Real Estate; (ii) written notice of any violation by the Borrower or any of its Subsidiaries of any Environmental Law that the Borrower, the Guarantors Borrower or any of their respective its Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and (iiib) upon its becoming aware thereof, of any written inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either case involves any Real Estate or has the potential to materially affect the assets, liabilities, business or financial conditions or operations condition of the BorrowerBorrower and its Subsidiaries taken as a whole, or the Collateral Agent's mortgages, deeds of trust or security interests in any Guarantor or any Subsidiarymaterial Collateral covered by the Security Documents.

Appears in 2 contracts

Samples: Gold Consignment Agreement (Commemorative Brands Inc), Loan and Gold Consignment Agreement (Commemorative Brands Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Unencumbered Property included in the calculation of Unencumbered Asset Value, or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan Agreement (Dupont Fabros Technology, Inc.), Credit Agreement (Dupont Fabros Technology, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Borrowing Base Asset, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 2 contracts

Samples: Credit Agreement (MedEquities Realty Trust, Inc.), Credit Agreement (MedEquities Realty Trust, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan Agreement (Four Springs Capital Trust)

Environmental Events. The Borrower Borrowers will promptly give notice to the Administrative Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the any Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Collateral Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) Administrative Agent’s liens on the potential Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Griffin-American Healthcare REIT III, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Borrowing Base Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security interest in the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (Modiv Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances in any material respect at or from any Real Estatethe Mortgaged Property; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors or any of their respective Subsidiaries Property Owner reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either case involves any Real Estate the Mortgaged Property or has the potential to materially adversely affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor Borrower or any Subsidiarythe Property Owner or the Agent's liens or security title on the Collateral pursuant to the Security Documents.

Appears in 1 contract

Samples: Credit Agreement (Wellsford Real Properties Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within twenty (20) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency Governmental Authority of potential environmental liability, of any federal, state or local environmental agency or boardGovernmental Authority, that in either any case involves (A) a Borrowing Base Asset, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (American Realty Capital Healthcare Trust II, Inc.)

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Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Credit Support Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (Monogram Residential Trust, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a written notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Real Estate and could reasonably be expected to have a Material Adverse Effect, or has (B) or the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Reit I Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Borrowing Base Asset, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) prior to the potential Release of Security Date, the Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (MedEquities Realty Trust, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Unencumbered Borrowing Base Property or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Four Springs Capital Trust)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release or threat of Release of any Hazardous Substances in violation of any applicable Environmental Law at or from any Real Estate; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any written inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Unencumbered Borrowing Base Property, or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan Agreement (Mid America Apartment Communities Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves any Real Estate (A) the Property or has (B) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Term Loan Agreement (Condor Hospitality Trust, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within ten (10) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves an Unencumbered Pool Asset, or any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (American Realty Capital Healthcare Trust Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a written notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Mortgaged Property which is a Borrowing Base Asset, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (NorthStar Healthcare Income, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within ten (10) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in material violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Borrowing Base Asset, (B) any Real Estate and could reasonably be expected to have a Material Adverse Effect, or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)

Environmental Events. The Borrower Borrowers will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Borrower or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Mortgaged Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect, or has (C) or the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (Dupont Fabros Technology, Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a written notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Mortgaged Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect, or has (BC) or the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Reit I Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within five (5) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) any Unencumbered Property included in the calculation of Unencumbered Asset Value, or (B) any other Real Estate or has the potential and could reasonably be expected to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any Subsidiaryhave a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (CyrusOne Inc.)

Environmental Events. The Borrower will promptly give notice to the Agent within ten (10) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either any case involves (A) a Borrowing Base Asset, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect or has (C) the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (American Realty Capital Healthcare Trust Inc)

Environmental Events. The Borrower will promptly give notice to the Agent within ten (10) Business Days of becoming aware of (i) upon the Borrower obtaining knowledge of any potential or known Release Release, or threat of Release, of any Hazardous Substances at or from in violation of any Real Estateapplicable Environmental Law; (ii) of any violation of any Environmental Law that the Borrower, the Guarantors any Guarantor or any of their respective Subsidiaries reports in writing or is reportable by such Person in writing (or for which any written report supplemental to any oral report is made) to any federal, state or local environmental agency and or (iii) upon becoming aware thereof, of any inquiry, proceeding, investigation, or other action, including a 62 notice from any agency of potential environmental liability, of any federal, state or local environmental agency or board, that in either case involves (A) any Mortgaged Property, (B) any other Real Estate and could reasonably be expected to have a Material Adverse Effect, or has (C) or the potential Agent’s liens or security title on the Collateral pursuant to materially affect the assets, liabilities, financial conditions or operations of the Borrower, any Guarantor or any SubsidiarySecurity Documents.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Republic Property Trust)

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