Environment. The Borrower and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all 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, and local permits, licenses, certificates, and 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, nor 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 (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; and accordingly the premises of the Borrower and its Subsidiaries 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, groundwater or the sewer, septic system or waste treatment, 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 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. 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, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The To the knowledge of Borrower, Borrower and each Subsidiary have duly has materially complied with, and their businessesits business, operations, material assets, equipment, property, leaseholds, leaseholds or other facilities are in material compliance with, the provisions of all applicable federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except such non-compliance which, individually or in the aggregate, would not have a material adverse effect on Borrower's financial condition or its ability to conduct its business in the manner now conducted. The Borrower and each Subsidiary have has been issued and will use its best efforts to maintain all required federal, state, state and local permits, licenses, certificates, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received written notice of, nor knows of, or suspects, facts which might constitute any violations of an alleged violation of any federal, state, state or local environmental, health, 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 To the knowledge of Borrower, except in accordance with a valid governmental permit, license, certificate, certificate or approval, there has been no emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises. To the knowledge of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There Borrower, there has been no written complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1i) air emissions; (2ii) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6vi) other environmental, health, health or safety matters affecting which, individually or in the Borrower aggregate, would have a material adverse effect on Borrower's financial condition or its businessability to conduct its business in the manner now conducted. To the knowledge of Borrower, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor its Subsidiaries does not have any indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary Borrowers have duly complied with, and their businesses----------- business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary Borrowers have been issued and will maintain all required federal, state, and local permits, licenses, certificates, certificates and 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, 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, health or safety matters. Neither the Borrower nor any Subsidiary has Borrowers have not received notice of, nor to its best knowledge knows of, of or suspects, facts which might constitute any violations of any federal, state, state or local environmental, health, or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate, or approvalTo Borrowers' best knowledge, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries Borrowers are free of all such toxic or hazardous substances or wastes. There 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, groundwater or the sewer, septic system or waste treatment, 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 toxic or hazardous substances or waste; or (6) other environmental, health, or safety matters affecting the Borrower Borrowers or its their business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor its Subsidiaries Borrowers have any no indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Borrower Company and each Subsidiary it Subsidiaries have duly complied with, and their its businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all 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, and local permits, licenses, certificates, and 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 Company nor any Subsidiary has received notice of, nor knows of, or suspects, 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 approvalapproval listed in Schedule 5.1(p), 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; and accordingly the premises of the Borrower Company and its Subsidiaries 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, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, 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 toxic or hazardous substances or waste; or (6) other environmental, health, or safety matters affecting the Borrower Company or its business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower Company nor its Subsidiaries have any indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal) which is not shown on Schedule 5.1(p).
Appears in 1 contract
Sources: Securities Purchase Agreement (Eautoclaims Com Inc)
Environment. The Borrower and each Subsidiary have Each Loan Party has duly complied in all material respects with, and their businessesits business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all 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 Each Loan Party has been issued and will maintain all required federal, state, and local permits, licenses, certificates, and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) 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 (6vi) other environmental, health, or safety matters. Neither Except as previously disclosed to the Borrower nor any Subsidiary Lender in writing, no Loan Party has received notice of, nor to its best knowledge knows of, of or suspects, facts which might constitute any violations of any federal, state, state or local environmental, health, or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, 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; and accordingly the premises of the Borrower and its Subsidiaries 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 to the best of such Loan Party’s knowledge any person or entity with respect to (1i) air emissions; (2ii) spills, releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or waste; or (6vii) other environmental, environmental health, or safety matters affecting the Borrower such Loan Party or its business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor its Subsidiaries have No Loan Party has any indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Sources: Loan and Security Agreement (Fieldpoint Petroleum Corp)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunderEnvironmental Laws. The Borrower and each Subsidiary have has been issued and will maintain all required federalFederal, state, and local permits, licensesLicenses, certificates, and 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 federalFederal, 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 The Borrower nor any Subsidiary has not received notice of, nor 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 Environmental Laws 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, to the best of Borrower's knowledge 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are is to the best of Borrower's knowledge 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, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, 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 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. Neither the The Borrower nor its Subsidiaries have any has no indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Borrower and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunderthereunder where the failure to so comply reasonably could be expected to have a material adverse effect on the Borrower. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates, and 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, 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, nor knows of, or suspects, 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 approvalTo the best of the Borrower's knowledge, 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; and accordingly the premises of the Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There To the best of the Borrower's knowledge, 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, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, 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 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. 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, cleanup, or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Borrower Each Borrower, Subsidiary and each Subsidiary have Guarantor has duly complied in all material respects with, and their respective businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance in all material respects with, the applicable provisions of all applicable federal, state, and local environmental, health, and safety environmental laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunderthereunder (“Environmental Laws”). The Borrower Each Borrower, Subsidiary and each Subsidiary have Guarantor has been issued and will maintain all required federal, state, and local material permits, licenses, certificates, and approvals required by Environmental Laws (collectively “Environmental Permits”) including those relating to (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 Environmental Law as hazardous or potentially hazardous(collectively “Hazardous Materials”); or (6f) other environmental, health, or safety environmental matters. Neither the Borrower nor any A true, accurate, and complete list of all such Environmental Permits is attached hereto as Schedule A to Section 4.15. No Borrower, Subsidiary or Guarantor has received written notice of, nor or knows of, or suspects, facts which might constitute any material violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder Environmental Laws with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the knowledge of any Borrower, Subsidiary or Guarantor, except in accordance with a valid governmental permit, license, certificate, an Environmental Permit listed in Schedule A to Section 4.15 or approvalat concentrations that would not violate Environmental Laws, there has been no emission, spill, release, or discharge (“Release”) into or upon (1a) the air; (2b) soils, or any improvements located thereon; (3c) surface water or groundwater; or (4d) 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; and accordingly except for inventory of raw materials, supplies, work in progress and finished goods that is to be used or sold in the ordinary course of business or de minimis amounts of cleaning or office products or materials used in the construction of the buildings, the premises of the each Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastesHazardous Materials. There Borrower has been no not received any written complaint, order, directive, claim, citation, or notice of noncompliance by any governmental authority or any person or entity with respect to (1i) air emissions; (2ii) spills, releases, or discharges Releases to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or wasteHazardous Materials; or (6vi) other environmental, health, or safety environmental matters affecting the Borrower any Borrower, Subsidiary or Guarantor or its business, operations, assets, equipment, property, leaseholds, or other facilities. Neither To the Borrower nor its Subsidiaries have knowledge of any indebtednessBorrower, obligationSubsidiary or Guarantor, no Borrower, Subsidiary or liability, absolute or contingent, matured or not matured, Guarantor has any liability with respect to the storage, treatment, cleanup, or disposal of any solid wastesHazardous Materials which is not shown on Schedule B to Section 4.15. Set forth in Schedule C to Section 4.15 is a list of all real property owned or leased by each Borrower, hazardous wastesSubsidiary or Guarantor, or other toxic or hazardous substances (including without limitation any wherever located, and a brief description of the business conducted at such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal)location.
Appears in 1 contract
Sources: Credit Agreement (Impath Inc)
Environment. The Borrower and each Subsidiary NFI have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary NFI have been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has NFI have received notice of, nor or knows of, or suspects, suspects facts which might constitute any violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its their businesses, operations, assets, equipment, property, leaseholds, or other facilities. Except To the best knowledge of Borrower and NFI, except in accordance with a valid governmental permit, license, certificate, certificate or approval, there has been no emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and, to the best knowledge of Borrower and NFI, accordingly the premises of the Borrower and its Subsidiaries NFI are free of all such toxic or hazardous substances or wastes. There To the best knowledge of Borrower and NFI, there has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1i) air emissions; (2ii) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6vi) other environmental, health, health or safety matters affecting the Borrower Borrower, NFI or its businesstheir businesses, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Neither To the best knowledge of Borrower and NFI, neither Borrower nor its Subsidiaries have NFI has any indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Environment. The Except as disclosed on Schedule 4.15 hereof, the Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates, and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) 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 (6vi) other environmental, health, or safety matters. Neither Except as disclosed on Schedule 4.15 hereof, neither the Borrower nor any Subsidiary has received notice of, nor 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 businessesbusiness, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate, or approvalapproval issued to the Borrower and each Subsidiary and except as disclosed on Schedule 4.15 hereof, there has been no emission, spill, release, or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing any of the premises of the Borrower and each Subsidiary, of any toxic or hazardous substances or wastes at or from the premisespremises of the Borrower and each Subsidiary; and accordingly all of the premises of the Borrower and its Subsidiaries each Subsidiary are free of all such toxic or hazardous substances or wastes. There Except as disclosed on Schedule 4.15 hereof, there has been no complaint, order, directive, claim, citation, or notice by any governmental authority or any person or entity with respect to (1i) air emissions; (2ii) spills, releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or waste; or (6vi) other environmental, health, or safety matters affecting the Borrower and each Subsidiary, or its business, operations, assets, equipment, property, leaseholds, or other facilities. Neither Except as disclosed on Schedule 4.15 hereof, neither the Borrower nor its Subsidiaries have any Subsidiary has any indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The To the best knowledge of Borrower, Borrower and each Subsidiary have has duly complied with, and their its businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The To the best knowledge of Borrower, Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, and 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, state or local law, code or ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or and (6) other environmental, health, health or safety matters. Neither To the best knowledge of Borrower, a true, accurate and complete list of all such permits, licenses, certificates and approvals has been delivered to the Bank and are listed upon Exhibit E attached hereto and made a part hereof. To the best knowledge of Borrower, Borrower nor any Subsidiary has not received notice of, nor knows of, or suspects, facts which might constitute any violations of any federal, state, state or local environmental, health, health or safety laws, codes or ordinances, and or any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Except To the best knowledge of Borrower, except in accordance with a valid governmental permit, license, certificate, certificate or approval, there has been no emission, spill, release, 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; and accordingly the premises of the Borrower and its Subsidiaries 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, groundwater or the sewer, septic system or waste treatment, 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 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. 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, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).or
Appears in 1 contract
Environment. The Borrower and each Subsidiary and each Guarantor have duly complied compiled with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunder, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates, and approvals approvals, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole, 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 code, or ordinance, 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, nor or knows of, or suspects, suspects facts which might constitute any violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances, 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, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes; except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. 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, groundwater or the sewer, septic system or waste treatment, 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 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, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. 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, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal). Set forth in Schedule IV is a list of all real property owned or leased by the Borrower and its Subsidiaries at any time since January 1, 1990, wherever located, and a brief description of the business conducted at such location.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Carey International Inc)
Environment. The Borrower and each Subsidiary have Each Loan Party has duly complied in all material respects with, and their businessesits business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all 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 Each Loan Party has been issued and will maintain all required federal, state, and local permits, licenses, certificates, and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) 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 (6vi) other environmental, health, or safety matters. Neither Except as previously disclosed to the Borrower nor any Subsidiary Agent and the Banks in writing, no Loan Party has received notice of, nor to its best knowledge knows of, of or suspects, facts which might constitute any violations of any federal, state, state or local environmental, health, or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, 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; and accordingly the premises of the Borrower and its Subsidiaries 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 to the best of such Loan Party’s knowledge any person or entity with respect to (1i) air emissions; (2ii) spills, releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or waste; or (6vii) other environmental, environmental health, or safety matters affecting the Borrower such Loan Party or its business, operations, assets, equipment, property, leaseholds, or other facilities. Neither the Borrower nor its Subsidiaries have No Loan Party has any indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Each Borrower and each Subsidiary have to the best of its knowledge has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunderthereunder except for incidental incidences of non-compliance of which Borrowers are unaware. The Each Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and 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, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the No Borrower nor any Subsidiary has received notice of, nor or knows of, or suspects, of facts which might constitute any violations of any federal, state, state or local environmental, health, 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 all applicable laws, codes and ordinances and rules and regulations promulgated thereunder, or a valid governmental permit, license, certificate, certificate or approval, there has been no emission, spill, release, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice to any Borrower 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, groundwater or the sewer, septic system or waste treatment, 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 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. 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, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).entity
Appears in 1 contract
Environment. The Borrower and each Subsidiary have has duly complied with, with and their businessesthe business, operations, assets, equipment, property, leaseholds, or other facilities and equipment of the Project are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain (or cause the tenants of the Project to obtain and maintain) all required federal, state, and local permits, licenses, certificates, and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) 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 code, or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); (vi) compliance with the Americans With Disabilities Act (except for those matters which the Borrower or a Tenant is presently undertaking remediation); or (6vii) other environmental, health, or safety matters. Neither the The Borrower nor any Subsidiary has received no notice of, nor or knows of, or suspects, suspects no facts which might constitute any violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances, ordinances and any rules or regulations promulgated thereunder with respect to its businessesbusiness, operations, assets, equipment, property, leaseholds, or other facilitiesequipment and the Project. Except in accordance with a valid governmental permit, license, certificate, certificate or approval, there has been no emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises Project, of any toxic or hazardous substances or wastes at or from the premisesProject; and accordingly the premises of the Borrower and its Subsidiaries are Project is 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 Person with respect to (1i) air emissions; (2ii) spills, releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premisesProject; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or waste; or (6vi) other environmental, health, or safety matters affecting the Borrower or its the Borrower's business, operations, assets, equipment, property, leaseholds, the Project or other facilitiesits use or operation. Neither the The Borrower nor its Subsidiaries have any has no indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Environment. The Each Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Each Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and 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, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has received notice of, nor or knows of, or suspects, suspects facts which might constitute any violations of any federal, state, state or local environmental, health, 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, certificate or approval, there has been no emission, spill, release, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the each Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, health or safety matters affecting the each Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Neither the Borrower nor its Subsidiaries have has any indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Sources: Loan and Security Agreement (Ild Telecommunications Inc)
Environment. The Borrower and each Subsidiary have Company has duly complied in all material respects with, and their businessesits business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance with, in all material respects with the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have Company has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and 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, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary The Company has not received notice of, nor or knows of, or suspects, suspects facts which might constitute any violations a material violation of any federal, state, state or local environmental, health, 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, certificate or approval, there has been no material emission, spill, release, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, health or safety matters affecting the Borrower Company or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Neither the Borrower nor its Subsidiaries The Company does not have any indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Environmental Tectonics Corp)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, ----------- operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and approvals relating to (1i) air emissions; (2ii) discharges to surface water or groundwater; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6vi) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, nor or knows of, or suspects, suspects facts which might constitute any violations of any federal, state, state or local environmental, health, 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, certificate or approval, there has been no emission, spill, release, release or discharge into or upon (1i) the air; (2ii) soils, or any improvements located thereon; (3iii) surface water or groundwater; or (4iv) the sewer, septic system or waste treatment, storage or disposal system servicing the premises premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are is free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1i) air emissions; (2ii) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3iii) noise emissions; (4iv) solid or liquid waste disposal; (5v) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6vi) other environmental, health, health or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Sources: Loan and Security Agreement (Act Teleconferencing Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunderEnvironmental Laws. The Borrower and each Subsidiary have has been issued and will maintain all required federalFederal, state, and local permits, licensesLicenses, certificates, and 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 federalFederal, 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 The Borrower nor any Subsidiary has not received notice of, nor 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 Environmental Laws 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, to the best of Borrower’s knowledge 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 Mortgaged Premises, of any toxic or hazardous substances or wastes at or from the premisesMortgaged Premises; and accordingly the premises Mortgaged Premises of the Borrower and its Subsidiaries are is to the best of Borrower’s knowledge 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, spills releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premisesMortgaged Premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, 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. Neither the The Borrower nor its Subsidiaries have any has no indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal).
Appears in 1 contract
Sources: Loan Agreement (Mestek Inc)
Environment. The Borrower and each Subsidiary have Company has duly complied complied, in all material respects, with, and their businessesits business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance compliance, in all material respects, with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have Company has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and 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, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary The Company has not received notice of, nor or knows of, or suspects, suspects facts which might constitute any violations of any federal, state, state or local environmental, health, 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, certificate or approval, there has been no emission, spill, release, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, health or safety matters affecting the Borrower Company or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Neither the Borrower nor its Subsidiaries The Company does not have any indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Sources: Debenture Purchase Agreement (Environmental Tectonics Corp)
Environment. The Borrower and each Subsidiary and each Guarantor have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, ordinances and all rules and regulations promulgated thereunder, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. The Borrower and each Subsidiary have been issued and will maintain all required federal, state, and local permits, licenses, certificates, and approvals approvals, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole, 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 code, or ordinance, 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, nor or knows of, or suspects, suspects facts which might constitute any violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances, ordinances and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilitiesfacilities which would have a material adverse impact on the Borrower or any of its Subsidiaries and the Guarantors taken as a whole. Except in accordance with a valid governmental permit, license, certificate, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes; except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. 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, groundwater or the sewer, septic system or waste treatment, 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 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, except where failure to do so would not have a material adverse effect on the business and properties of the Borrower, the Subsidiaries and the Guarantors taken as a whole. 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, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal). Set forth in Schedule 4.15 is a list of all real property owned or leased by the Borrower and its Subsidiaries at any time since January 1, 1990, wherever located, and a brief description of the business conducted at such location.
Appears in 1 contract
Sources: Revolving Credit Agreement (Carey International Inc)
Environment. The Borrower and each Subsidiary have duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or and other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes 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, and local permits, licenses, certificates, and approvals relating to (1a) air emissions; (2b) discharges to surface water or groundwater; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) 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 code, or ordinance, and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or and (6f) other environmental, health, or safety matters. A true, accurate, and complete list of all such permits, licenses, certificates, and approvals is annexed hereto as Exhibit H [omitted]. Neither the Borrower nor any Subsidiary has received notice of, nor or knows of, of or suspects, facts which that might constitute any violations of any federal, state, or local environmental, health, or safety laws, codes 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 approvalapproval listed in Exhibit H, there has been no emission, spill, release, or discharge into or upon (1a) the air; (2b) soils, or any improvements located thereon; (3c) surface water or groundwater; or (4d) the sewer, septic system or waste treatment, storage or disposal system systems servicing the premises of any toxic or hazardous substances or wastes at or from the premises; and, accordingly (except for the inventory of raw materials, supplies, work in progress, and accordingly finished goods listed in Exhibit I [omitted] annexed hereto that is to be used or sold in the ordinary course of business), Borrower's premises and those of the Borrower and its Subsidiaries 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 (1a) air emissions; (2b) spills, releases, or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3c) noise emissions; (4d) solid or liquid waste disposal; (5e) the use, generation, storage, transportation, or disposal of toxic or hazardous substances or waste; or (6f) other environmental, health, or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, or other facilities. 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, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal)) that is not shown on Exhibit L Set forth in Exhibit J [omitted] annexed hereto is a list of all real property owned or leased by Borrower and its Subsidiaries at any time since [date], wherever located, and a brief description of the business conducted at such location.
Appears in 1 contract
Sources: Promissory Note Agreement (Integrated Environmental Technologies, Ltd.)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds, or other facilities are in compliance with, the provisions of all federal, state, and local environmental, health, health and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, and local permits, licenses, certificates, certificates and 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, transportation or disposal of 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, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, nor to its best knowledge knows of, of or suspects, facts which might constitute any violations of any federal, state, state or local environmental, ,health, or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its businessesbusiness, operations, assets, equipment, property, leaseholds, or other facilities. Except in accordance with a valid governmental permit, license, certificate, or approvalTo Borrower's best knowledge, there has been no material 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 premises, of any toxic or hazardous substances or wastes at or from the premises, except as expressly permitted by operation of law or permit to discharge; and accordingly the premises of the Borrower and its Subsidiaries are is free of all such toxic or hazardous substances or wastes, except such toxic or hazardous substances or wastes which are customarily used in the Borrower's business. There 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, groundwater or the sewer, septic system or waste treatment, 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 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. Neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Kinark Corp)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance in all material respects with, the provisions of all applicable federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and 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, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters. Neither the Borrower nor any Subsidiary has not received notice of, nor knows does not know of, or suspectsand does not have reason to believe that facts exists which would reasonably be expected to constitute, facts which might constitute any material violations of any federal, state, state or local environmental, health, 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, certificate or approval, there has been no emission, spill, release, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all any material amount of such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, health or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilitiesfacilities in any material respect. Neither The representations in the preceding two sentences are made to the best of Borrower's knowledge, information and belief, with no special diligence in preparation for the execution of this Agreement; provided, however, should any of such representations prove false in any material respect as to impose a material liability upon Borrower, the representation shall be deemed breached for the purpose of establishing a default under this Agreement. Borrower nor its Subsidiaries does not have any indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Sources: Loan Agreement (American Consolidated Laboratories Inc)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a material adverse effect on its business. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and 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, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters, except to the extent that failure to do so would not have a material adverse effect on its business. Neither the Borrower nor any Subsidiary has not received notice of, nor or knows of, or suspects, suspects facts which might constitute any violations of any federal, state, state or local environmental, health, 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, certificate or approval, to the best of Borrower's knowledge, there has been no emission, spill, release, 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 premises, of any toxic or hazardous substances or wastes at or from the premises; and accordingly the premises of the Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There has been no complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, health or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Sources: Loan Agreement (Data National Corp)
Environment. The Borrower and each Subsidiary have has duly complied with, and their businessesits business, ----------- operations, assets, equipment, property, leaseholds, leaseholds or other facilities are in compliance with, the provisions of all federal, state, state and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder, except to the extent that failure to do so would not have a Material Adverse Effect. The Borrower and each Subsidiary have has been issued and will maintain all required federal, state, state and local permits, licenses, certificates, certificates and 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, transportation or disposal of toxic or hazardous substances or wastes (intended hereby and hereafter to which shall include any and all such materials listed in any federal, state, state or local law, code or ordinance, ordinance and all rules and regulations promulgated thereunder as hazardous or potentially hazardous); or (6) other environmental, health, health or safety matters, except to the extent that failure to do so would not have a Material Adverse Effect. Neither the Borrower nor any Subsidiary has not received notice of, nor or knows of, or suspects, facts which might reasonably be deemed to constitute any violations a material violation of any federal, state, state or local environmental, health, 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 To the knowledge of Borrower, except in accordance with a valid governmental permit, license, certificate, certificate or approval, there has been no emission, spill, release, 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 premises, of any toxic or hazardous substances or wastes at or from any premises owned or leased by Borrower in connection with the premises; and accordingly the premises operation of the its business. Borrower and its Subsidiaries are free of all such toxic or hazardous substances or wastes. There has been no not received any complaint, order, directive, claim, citation, citation or notice by any governmental authority or any person or entity with respect to (1) air emissions; (2) spills, releases, releases or discharges to soils or improvements located thereon, surface water, groundwater or the sewer, septic system or waste treatment, storage or disposal systems servicing the premises; (3) noise emissions; (4) solid or liquid waste disposal; (5) the use, generation, storage, transportation, transportation or disposal of toxic or hazardous substances or waste; or (6) other environmental, health, health or safety matters affecting the Borrower or its business, operations, assets, equipment, property, leaseholds, leaseholds or other facilities. Neither the Borrower nor its Subsidiaries have any has no indebtedness, obligation, obligation or liability, liability (absolute or contingent, matured or not matured), with respect to the storage, treatment, cleanup, cleanup or disposal of any solid wastes, hazardous wastes, wastes or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, law or statute regarding such storage, treatment, cleanup, cleanup or disposal).
Appears in 1 contract
Sources: Loan Agreement (Radiant Systems Inc)