Common use of Environment Clause in Contracts

Environment. Each of the Obligors: (a) is in compliance with all applicable federal, state, local, foreign and international laws, regulations, conventions and agreements relating to pollution prevention or protection of human health or the environment (including, without limitation, ambient air, surface water, ground water, navigable waters, water of the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”); or (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge or disposal of any Material of Environmental Concern, that could form the basis of any Environmental Claim against any of the Obligors.

Environment. Each of the Obligors: (a) is in compliance with all applicable federal, state, local, foreign and international laws, regulations, conventions and agreements relating to pollution prevention or protection of human health or the environment (including, without limitation, ambient air, surface water, ground water, navigable waters, water of the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”); or (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are is in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no material Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge or disposal of any Material of Environmental Concern, that could form the basis of any Environmental Claim against any of the Obligors.

Environment. Each The Borrower and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds or other facilities are in substantial compliance with, the provisions of the Obligors: (a) is in compliance with all applicable federal, state and local environmental, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, localand local permits, foreign licenses, certificates and international approvals relating to (1) air emissions; (2) discharges to surface water or groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters. Neither the Borrower nor any Subsidiary has received notice of, or knows of, or suspects facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, regulationscodes or ordinances and any rules or regulations promulgated thereunder with respect to its businesses, conventions and agreements relating operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release, or discharge into or upon (1) the air; (2) soils, or any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, septic system or waste treatment, storage or disposal system servicing the premises of any toxic or hazardous substances or wastes at or from the premises. There has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity with respect to pollution prevention (1) air emissions; (2) spills, releases, or protection of human health discharges to soils or the environment (including, without limitation, ambient airimprovements located thereon, surface water, ground watergroundwater or the sewer, navigable watersseptic system or waste treatment, water of storage or disposal systems servicing the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: premises; (i3) noise emissions, discharges, releases ; (4) solid or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products liquid waste disposal; (“Materials of Environmental Concern”); or (ii5) the manufactureuse, processinggeneration, distributionstorage, usetransportation, or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, or safety matters materially affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. To its knowledge, neither the Borrower nor its Subsidiaries have any indebtedness, obligation or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, storagecleanup, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge or disposal of any Material of Environmental Concernsolid wastes, that could form the basis of hazardous wastes, or other toxic or hazardous substances (including without limitation any Environmental Claim against such indebtedness, obligation, or liability with respect to any of the Obligorscurrent regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).

Environment. Each of the Obligors: (a) is in compliance with Borrower and Borrower’s Subsidiaries have been issued and will maintain all applicable required federal, state, localand local permits, foreign licenses, certificates and international approvals relating to (a) emissions; (b) discharges to service water or groundwater; (c) noise emissions; (d) solid or liquid waste disposal; (e) the use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (f) other environmental, health or safety matters, except to the extent the failure to have any such permit, license, certificate or approval would not have a material adverse effect on Borrower’s consolidated operations, business or financial condition. Neither Borrower nor any of Borrower’s Subsidiaries have received notice of, or has actual knowledge of any material violations of any federal, state or local environmental, health or safety laws, regulationscodes or ordinances or any rules or regulations promulgated thereunder. Except in accordance with a valid governmental permit, conventions license, certificate or approval, there has been no material emission, spill, release or discharge into or upon (i) the air; (ii) soils; (iii) service water or groundwater; (iv) the sewer, septic system or waste treatment, storage or disposal system servicing any property of Borrower or any of its Subsidiaries of any toxic or hazardous substances or hazardous wastes at or from such property; and agreements relating accordingly no such property has been adversely affected, in any material respect, by any toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any Governmental Authority or any person or entity with respect to pollution prevention material violations of law or protection damages by reason of human health Borrower or the environment Borrower’s Subsidiaries (including1) air emissions; (2) spills, without limitation, ambient airreleases or discharges to soils or improvements located thereon, surface water, ground watergroundwater or the sewer, navigable watersseptic system or waste treatment, water storage or disposal system servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) use, generation, storage, transportation or disposal of toxic or hazardous substances or hazardous wastes; or (6) other environmental, health or safety matters affecting Borrower or any of Borrower’s Subsidiaries. Neither Borrower nor any of Borrower’s Subsidiaries have any material indebtedness, obligation or liability, absolute or contingent, matured or unmatured, with respect to the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”); or (ii) the manufacture, processing, distribution, usestorage, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge cleanup or disposal of any Material solid waste, hazardous wastes, or other toxic or hazardous substances. For purposes of Environmental Concernthis subsection 4.13, that could form a violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability shall be deemed material if, and only if, such violation, emission, spill, release, discharge, damage, adverse effect, indebtedness, obligation or liability, in any one case or in the basis of any Environmental Claim against any of the Obligorsaggregate, would have a material adverse effect on Borrower’s consolidated operations, business or financial condition.

Environment. Each of the Obligors: (a) is in compliance with all applicable federal, state, local, foreign and international laws, regulations, conventions and agreements relating to pollution prevention or protection of human health or the environment (including, without limitation, ambient air, surface water, ground water, navigable waters, water of the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”"MATERIALS OF ENVIRONMENTAL CONCERN"); or (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”"ENVIRONMENTAL LAWS"); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”"ENVIRONMENTAL APPROVALS") and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s 's fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”"ENVIRONMENTAL CLAIM"); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge or disposal of any Material of Environmental Concern, that could form the basis of any Environmental Claim against any of the Obligors.

Environment. Each of the Obligors: (a) is Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with with, the provisions of all applicable federal, statestate and local environmental, localhealth, foreign and international safety laws, regulationscodes and ordinances, conventions and agreements all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to pollution prevention (i) air emissions; (if) discharges to surface water or protection groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of human toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. Borrower has not received notice of, or knows of, or suspects facts which might constitute any violations of any federal, state or local environmental, health or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (A) the environment air; (includingB) soils, without limitationor any improvements located thereon; (C) surface water or groundwater; or (D) the sewer, ambient airseptic system or waste treatment, storage or disposal system servicing the premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases or discharges to soils or improvements located thereon, surface water, ground watergroundwater or the sewer, navigable watersseptic system or waste treatment, water storage or disposal systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal of the contiguous zonetoxic or hazardous substances or waste; or (6) other environmental, ocean waters and international watershealth or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. Borrower does not have any indebtedness, obligation or liability (absolute or contingent, matured or not matured), including without limitation, laws, regulations, conventions and agreements relating to: (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”); or (ii) with respect to the manufacture, processing, distribution, usestorage, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge cleanup or disposal of any Material of Environmental Concernsolid wastes, that could form the basis of hazardous wastes or other toxic or hazardous substances (including without limitation any Environmental Claim against such indebtedness, obligation, or liability with respect to any of the Obligorscurrent regulation, law or statute regarding such storage, treatment, cleanup or disposal).

Environment. Each The Borrower has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in material compliance with, the provisions of the Obligors: (a) is in compliance with all applicable federal, state, localand local environmental, foreign health, and international safety laws, regulationscodes and ordinances and all rules and regulations promulgated thereunder. The Borrower has been issued and will maintain all material required federal, conventions state, and agreements local permits, licenses, certificates, and approvals relating to pollution prevention (1) air emissions; (2) discharges to surface water or protection groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, or disposal of human health toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code, or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, or safety matters the environment absence of which could reasonably be expected to cause a materially adverse effect. The Borrower has not received notice of, or knows of, or suspects facts which might constitute any violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities the existence of which could reasonably be expected to cause a materially adverse effect. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release, or discharge into or upon (including1) the air; (2) soils, without limitationor any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, ambient airseptic system or waste treatment, storage or disposal system servicing the premises, of any toxic or hazardous substances or wastes at or from the premises the existence of which could reasonably be expected to cause a materially adverse effect. There has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, or discharges to soils or improvements located thereon, surface water, ground watergroundwater or the sewer, navigable watersseptic system or waste treatment, water of storage or disposal systems servicing the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: premises; (i3) noise emissions, discharges, releases ; (4) solid or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products liquid waste disposal; (“Materials of Environmental Concern”); or (ii5) the manufactureuse, processinggeneration, distributionstorage, usetransportation, or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities the existence of which could reasonably be expected to cause a materially adverse effect. The Borrower does not have any material indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, storagecleanup, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge or disposal of any Material of Environmental Concernsolid wastes, that could form the basis of any Environmental Claim against any of the Obligorshazardous wastes, or other toxic or hazardous substances.

Environment. Each of the Obligors: (a) is Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with with, the provisions of all applicable federal, statestate and local environmental, localhealth, foreign and international safety laws, regulationscodes and ordinances, conventions and agreements all rules and regulations promulgated thereunder. Each Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to pollution prevention (i) air emissions; (ii) discharges to surface water or protection groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of human toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. No Borrower has received notice of, or knows of, or suspects facts which might constitute any violations of any federal, state or local environmental, health or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i) the environment air; (includingii) soils, without limitationor any improvements located thereon; (iii) surface water or groundwater; or (iv) the sewer, ambient airseptic system or waste treatment, storage or disposal system servicing the premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of each Borrower are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation or notice by any governmental authority or any person or entity with respect to (i) air emissions; (ii) spills, releases or discharges to soils or improvements located thereon, surface water, ground watergroundwater or the sewer, navigable watersseptic system or waste treatment, water storage or disposal systems servicing the premises; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of the contiguous zonetoxic or hazardous substances or waste; or (vi) other environmental, ocean waters and international watershealth or safety matters affecting each Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. No Borrower has any indebtedness, obligation or liability (absolute or contingent, matured or not matured), including without limitation, laws, regulations, conventions and agreements relating to: (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”); or (ii) with respect to the manufacture, processing, distribution, usestorage, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge cleanup or disposal of any Material of Environmental Concernsolid wastes, that could form the basis of hazardous wastes or other toxic or hazardous substances (including without limitation any Environmental Claim against such indebtedness, obligation, or liability with respect to any of the Obligorscurrent regulation, law or statute regarding such storage, treatment, cleanup or disposal).

Environment. Each the natural and man-made environment including all or any of the Obligors: following media: air (aincluding air within buildings and other natural or man-made structures above or below the ground), water, land, and any ecological systems and living organisms (including man) is in compliance with supported by those media. Environmental Laws: all applicable federallaws, state, local, foreign and international lawsstatutes, regulations, conventions and agreements relating to pollution prevention or protection of human health or the environment (includingsubordinate legislation, without limitation, ambient air, surface water, ground water, navigable waters, water of the contiguous zone, ocean waters and international waters), including without limitation, bye-laws, regulationscommon law and other national, conventions international, federal, European Union, state and agreements local laws, judgments, decisions and injunctions of any court or tribunal, and codes of practice and guidance notes to the extent that they relate to or apply to the Environment or to the health and safety of any person. EHS Matters: all matters relating to: (iA) emissionspollution or contamination of the Environment; (B) the presence, dischargesdisposal, releases release, spillage, deposit, escape, discharge, leak, migration or threatened releases emission of chemicalsHazardous Substances or Waste; (C) the exposure of any person to Hazardous Substances or Waste; (D) the health and safety of any person, pollutantsincluding any accidents, contaminantsinjuries, wastesillnesses and diseases; (E) the creation or existence of any noise, toxic substancesvibration, hazardous materialsodour, oilradiation, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”)common law or statutory nuisance or other adverse impact on the Environment; or (iiF) the manufacturecondition, processingprotection, distributionmaintenance, useremediation, treatmentreinstatement, storage, disposal, transport restoration or handling replacement of Materials the Environment or any part of it. Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all Consents: any permits, licences, approvalsconsents, rulingscertificates, variancesregistrations, exemptions, clearances, consents notifications or other authorisations required under applicable any Environmental Laws (“Environmental Approvals”) and are for the operation of the Business or in compliance with all Environmental Approvals required relation to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the ObligorsProperties. There are no past or present actionsHarm: harm to the Environment, activitiesand in the case of man, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge or disposal of any Material of Environmental Concern, that could form the basis of any Environmental Claim against this includes offence caused to any of the Obligorshis senses or harm to his property. Hazardous Substances: any material, substance or organism which, alone or in combination with others, is capable of causing Harm, including radioactive substances and materials containing asbestos. Waste: any waste, including any by-product of an industrial process and anything that is discarded, disposed of, spoiled, abandoned, unwanted or surplus, irrespective of whether it is capable of being recovered or recycled or has any value.

Environment. Each of the Obligors: (a) is Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds or other facilities are in compliance with with, the provisions of all applicable federal, statestate and local environmental, localhealth, foreign and international safety laws, regulationscodes and ordinances, conventions and agreements all rules and regulations promulgated thereunder. Each Borrower has been issued and will maintain all required federal, state and local permits, licenses, certificates and approvals relating to pollution prevention (i) air emissions; (ii) discharges to surface water or protection groundwater; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of human toxic or hazardous substances or wastes (which shall include any and all such materials listed in any federal, state or local law, code or ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (vi) other environmental, health or safety matters. No Borrower has received notice of, or knows of, or suspects facts which might constitute any violations of any federal, state or local environmental, health or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate or approval, there has been no emission, spill, release or discharge into or upon (i) the environment air; (includingii) soils, without limitationor any improvements located thereon; (iii) surface water or groundwater; or (iv) the sewer, ambient airseptic system or waste treatment, storage or disposal system servicing the premises. There has been no complaint, order, directive, claim, citation or notice by any governmental authority or any person or entity with respect to (i) air emissions; (ii) spills, releases or discharges to soils or improvements located thereon, surface water, ground watergroundwater or the sewer, navigable watersseptic system or waste treatment, water storage or disposal systems servicing the premises; (iii) noise emissions; (iv) solid or liquid waste disposal; (v) the use, generation, storage, transportation or disposal of the contiguous zonetoxic or hazardous substances or waste; or (vi) other environmental, ocean waters and international watershealth or safety matters affecting any Borrower or its business, operations, assets, equipment, property, leaseholds or other facilities. No Borrower has any indebtedness, obligation or liability (absolute or contingent, matured or not matured), including without limitation, laws, regulations, conventions and agreements relating to: (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”); or (ii) with respect to the manufacture, processing, distribution, usestorage, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge cleanup or disposal of any Material of Environmental Concernsolid wastes, that could form the basis of hazardous wastes or other toxic or hazardous substances (including without limitation any Environmental Claim against such indebtedness, obligation, or liability with respect to any of the Obligorscurrent regulation, law or statute regarding such storage, treatment, cleanup or disposal).

Environment. Each of the Obligors: (a) is Borrower has duly complied with, and its business, ----------- operations, assets, equipment, property, leaseholds, or other facilities are in compliance with with, the provisions of all applicable federal, state, localand local environmental, foreign health and international safety laws, regulationscodes and ordinances, conventions and agreements all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to pollution prevention (1) air emissions; (2) discharges to surface or protection of human groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal or toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health or safety matters. Borrower has not received notice of, nor to its best knowledge knows of or suspects, facts which might constitute any violations of any federal, state or local environmental, health, or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its business, operations, assets, equipment, property, leaseholds, or other facilities. To Borrower's best knowledge, there has been no emission, spill, release, or discharge into or upon (1) the environment air; (including2) soils, without limitationor any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, ambient airseptic system or waste treatment, storage or disposal system servicing the premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower is free of all such toxic or hazardous substances or wastes. Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, or discharges to soils or improvements located thereon, surface water, ground watergroundwater or the sewer, navigable watersseptic system or waste treatment, water of storage or disposal systems servicing the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: premises; (i3) noise emissions, discharges, releases ; (4) solid or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products liquid waste disposal; (“Materials of Environmental Concern”); or (ii5) the manufactureuse, processinggeneration, distributionstorage, usetransportation, or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. Borrower has no indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge cleanup or disposal of any Material of Environmental Concernsolid wastes, that could form the basis of hazardous wastes or other toxic or hazardous substances (including without limitation any Environmental Claim against such indebtedness, obligation, or liability with respect to any of the Obligorscurrent regulation, law, or statute regarding such storage, treatment, cleanup or disposal).

Environment. Each of the Obligors: (a) is Borrower has duly complied with, and its business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with with, the provisions of all applicable federal, state, localand local environmental, foreign health and international safety laws, regulationscodes and ordinances, conventions and agreements all rules and regulations promulgated thereunder. Borrower has been issued and will maintain all required federal, state, and local permits, licenses, certificates and approvals relating to pollution prevention (1) air emissions; (2) discharges to surface or protection of human groundwater; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation or disposal or toxic or hazardous substances or wastes (intended hereby and hereafter to include any and all such materials listed in any federal, state, or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health or safety matters. Borrower has not received notice of, nor to its best knowledge knows of or suspects, facts which might constitute any violations of any federal, state or local environmental, health, or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its business, operations, assets, equipment, property, leaseholds, or other facilities. To Borrower’s best knowledge, there has been no emission, spill, release, or discharge into or upon (1) the environment air; (including2) soils, without limitationor any improvements located thereon; (3) surface water or groundwater; or (4) the sewer, ambient airseptic system or waste treatment, storage or disposal system servicing the premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower is free of all such toxic or hazardous substances or wastes. Except as disclosed in writing to Bank, there has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, or discharges to soils or improvements located thereon, surface water, ground watergroundwater or the sewer, navigable watersseptic system or waste treatment, water of storage or disposal systems servicing the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: premises; (i3) noise emissions, discharges, releases ; (4) solid or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products liquid waste disposal; (“Materials of Environmental Concern”); or (ii5) the manufactureuse, processinggeneration, distributionstorage, usetransportation, or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, or safety matters affecting Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. Borrower has no indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge cleanup or disposal of any Material of Environmental Concernsolid wastes, that could form the basis of hazardous wastes or other toxic or hazardous substances (including without limitation any Environmental Claim against such indebtedness, obligation, or liability with respect to any of the Obligorscurrent regulation, law, or statute regarding such storage, treatment, cleanup or disposal).

Environment. 22.1 Each of the Obligors: Group Companies has obtained all necessary Environmental Licences which are required for its operations (aas conducted from time to time) is and use of each of its properties in compliance accordance with all applicable federalEnvironmental Laws, stateand all such Environmental Licences are in full force and effect. Each of the Group Companies has at all times complied with all applicable Environmental Laws and with the terms and conditions of those Environmental Licences, localis not in violation of or liable under, foreign any Environmental Law and international lawsthere are no circumstances likely to give rise to any modification, regulationssuspension or revocation of any Environmental Licence. 22.2 There are no Hazardous Substances at, conventions on or under, nor have to Seller's Knowledge any Hazardous Substances been emitted, escaped or migrated from any of the land, facilities and agreements relating buildings presently and previously owned, leased or used by each of the Group Companies (the "Real Estate") and such Real Estate have not been used for the handling, processing, treatment, storage or disposal of Hazardous Substances and none of the Group Companies has disposed of any Real Estate used for such purpose. 22.3 The Disclosed Information contains copies of (i) all Environmental Licences, (ii) all details known by the Seller and each of the Group Companies of any environmental assessment carried out and any other environmental investigation conducted and any other report prepared by or on behalf of any member of the Seller’s Group, any of the Group Companies or any Governmental Authority in relation to the Real Estate, the Business or Assets and (iii) any and all documents concerning planned or anticipated capital expenditures required to reduce, offset, limit or otherwise control pollution prevention and/or emissions, manage waste or protection of human health otherwise ensure compliance with current or the environment future applicable environmental Laws (including, without limitation, ambient aircosts of remediation, surface waterpollution control equipment and operational changes). 22.4 There are and have been no landfills, ground wateractive or inactive (including abandoned) aboveground or underground storage tanks or mining operations, navigable waters, water of the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: uncontained or unlined storage treatment or disposal areas for Hazardous Substances or waste (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”); or (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under whether permitted by applicable Environmental Laws (“Environmental Approvals”or otherwise) and are in compliance with all Environmental Approvals required present or carried out at, on or under any of the Real Estate. 22.5 None of the Group Companies is under any obligation to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received carry out any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costsinvestigation, clean-up costswork, response and/or corrective action or other remedial work or has any financial responsibility for the costs (whether incurred by a governmental entity of such investigation, clean-up work, corrective action or otherwise)other remedial work, natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of under any Material of applicable Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge or disposal of any Material of Environmental Concern, that could form the basis of any Environmental Claim against any of the ObligorsLaw.

Environment. Each of the Obligors:69 (a) is in compliance with all applicable federal, state, local, foreign and international laws, regulations, conventions and agreements relating to pollution prevention or protection of human health or the environment (including, without limitation, ambient air, surface water, ground water, navigable waters, water of the contiguous zone, ocean waters and international waters), including without limitation, laws, regulations, conventions and agreements relating to: (i) emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous materials, oil, hazard substances, petroleum and petroleum products and by-products (“Materials of Environmental Concern”); or (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (such laws, regulations, conventions and agreements the “Environmental Laws”); (b) has all permits, licences, approvals, rulings, variances, exemptions, clearances, consents or other authorisations required under applicable Environmental Laws (“Environmental Approvals”) and are in compliance with all Environmental Approvals required to operate its business as presently conducted or as reasonably anticipated to be conducted; (c) has not received any notice, claim, action, cause of action, investigation or demand by any other person, alleging potential liability for, or a requirement to incur, investigatory costs, clean-up costs, response and/or remedial costs (whether incurred by a governmental entity or otherwise), natural resources damages, property damages, personal injuries, attorney’s fees and expenses or fines or penalties, in each case arising out of, based on or resulting from: (i) the presence or release or threat of release into the environment of any Material of Environmental Concern at any location, whether or not owned by such person; or (ii) circumstances forming the basis of any violation, or alleged violation, of any Environmental Law or Environmental Approval (“Environmental Claim”); and there are no circumstances that may prevent or interfere with such full compliance in the future. There is no Environmental Claim pending or threatened against any of the Obligors. There are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge or disposal of any Material of Environmental Concern, that could form the basis of any Environmental Claim against any of the Obligors.