NO ENVIRONMENTAL CONDITION Sample Clauses

NO ENVIRONMENTAL CONDITION. Buyer expressly acknowledges and agrees that the conveyance contemplated hereunder is not conditioned in any way whatsoever upon the Seller’s conducting or performing any cleanup or remedial action of any kind or nature on the Premises. Buyer agrees to accept the Premises “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”.
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NO ENVIRONMENTAL CONDITION. There has been no Environmental Condition, and in respect of Prophecy, the Prophecy Subsidiaries and their Mining rights, there exists no Environmental Condition, which, individually or in the aggregate, has or would reasonably be expected to have a Material Adverse Effect on Prophecy or the Prophecy Subsidiaries. Prophecy and the Prophecy Subsidiaries have not received a notice, directive, advisory or other communication from any Governmental Entity of any Environmental Condition that could, individually or in the aggregate, have a Material Adverse Effect on Prophecy or the Prophecy Subsidiaries.
Sample 1
NO ENVIRONMENTAL CONDITION. Except as disclosed in Schedule “F”, there has been no Environmental Condition, and in respect of Northern and its Mining Rights, there exists no Environmental Condition, which, individually or in the aggregate, has or would reasonably be expected to have a Material Adverse Effect on Northern and Northern has not received a notice, directive, advisory or other communication from any Governmental Entity of any Environmental Condition that could, individually or in the aggregate, have a Material Adverse Effect on Northern.
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NO ENVIRONMENTAL CONDITION. There is no Environmental Condition at any property presently or formerly owned, leased or under the control of the Corporation
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NO ENVIRONMENTAL CONDITION. At the Effective Time, there shall be no Environmental Condition existing with respect to any Real Property, which has or is likely to have a material adverse effect on the consolidated assets, properties, business, operations or condition, financial or otherwise, of Acquiror, and with respect to which Acquiror has not taken reasonable steps to cure, abatx, xxrrect or remedy such Environmental Condition to the reasonable satisfaction of the Company. For purposes of this Section 8.05, a "material adverse effect" shall mean the existence of an Environmental Condition where the amount which is likely to be charged to Acquiror exceeds 1% of Acquiror's total shareholders' equity.
Sample 1
NO ENVIRONMENTAL CONDITION. The Purchaser acknowledges that the Purchaser has or will conduct any environmental site assessments or studies of any kind that the Purchaser deems advisable and/or necessary, at the Purchaser's sole expense and only following the express written consent of the Receiver to do so. The Purchaser expressly acknowledges and agrees that the conveyance contemplated hereunder is not conditioned in any way whatsoever upon the Receiver's conducting or performing any cleanup or remedial action of any kind or nature with regard .to the Property, and the Purchaser agrees to accept the Property "AS IS," "WHERE IS," and "WITH ALL FAULTS," including but not limited to, all environmental conditions previously existing and now and hereinafter existing at, on or about the Property. This Agreement is not conditioned in any way upon the environmental status of the Property
Sample 1
NO ENVIRONMENTAL CONDITION. Xxxxx expressly acknowledges and agrees that the conveyance contemplated hereunder is not conditioned in any way whatsoever upon the Seller’s conducting or performing any cleanup or remedial action of any kind or nature on the Premises. Xxxxx agrees to accept the Premises “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”.
Sample 1
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NO ENVIRONMENTAL CONDITION. Buyer acknowledges that Buyer has or will conduct any environmental site assessments or studies of any kind which Buyer deems advisable and/or necessary, at Buyer's sole expense. Buyer acknowledges that the Buyer may have received from the Seller various environmental reports and information concerning the envrionmental condition of the Premises, and Buyer expressly acknowledges and agrees that the conveyance contemplated hereunder is not conditioned in any way whatsoever upon the Seller conducting or performing any cleanup or remedial action of any kind or nature on the Premises, and Buyer agrees to accept the Assets "As Is," “WHERE IS,” AND “WITH ALL FAULTS.” including all environmental conditions of the Premises as noted in any environmental reports and information concerning the Assets or otherwise.
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NO ENVIRONMENTAL CONDITION. To the best of Ursa’s knowledge, information and belief and excluding in relation to crushed ore, residual ore or waste rock from mining activities, there has been no Environmental Condition, and in respect of Ursa and its Mineral Rights, there exists no Environmental Condition, which, individually or in the aggregate, has or would reasonably be expected to have a Material Adverse Effect on Ursa and Ursa has not received a notice, directive, advisory or other communication from any Governmental Entity of any Environmental Condition that could, individually or in the aggregate, have a Material Adverse Effect on Ursa.
Sample 1

Related to NO ENVIRONMENTAL CONDITION

  • Environmental Condition Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, 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 disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party 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 a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Compliance with Environmental Laws; Environmental Reports (a) Comply, and cause all lessees and other persons occupying Real Property owned, operated or leased by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and Real Property; obtain and renew all material Environmental Permits applicable to its operations and Real Property; and conduct all Responses required by, and in accordance with, Environmental Laws; provided that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP.

  • Physical Condition Except as disclosed in the Physical Conditions Reports delivered to Lender in connecting with this Loan, to Borrower's knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

  • Materials of Environmental Concern “Materials of Environmental Concern” include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the environment.

  • Compliance with Environmental Requirements; No Hazardous Materials Except in each case as set forth on Schedule 3.18:

  • Environmental Compliance The Borrower and its Subsidiaries conduct in the ordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof the Borrower has reasonably concluded that such Environmental Laws and claims could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Environmental Matters; Environmental Reviews (a) Each Restricted Person will comply in all material respects with all Environmental Laws now or hereafter applicable to such Restricted Person as well as all contractual obligations and agreements with respect to environmental remediation or other environmental matters and shall obtain, at or prior to the time required by applicable Environmental Laws, all environmental, health and safety permits, licenses and other authorizations necessary for its operations and will maintain such authorizations in full force and effect.

  • O.S.H.A. and Environmental Compliance (a) Each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations.

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