Common use of Environmental Condition Clause in Contracts

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as disclosed in writing to the Administrative AgentEnvironmental Reports, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed set forth in writing to the Administrative AgentEnvironmental Reports, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. Except as set forth on Schedule 4.13 and except with respect to any other matters that, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective Properties properties and the conduct of their respective businessesbusinesses as currently conducted; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received written notice alleging that the Borrower or any of any violation or alleged its Subsidiaries is in violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or or, to their knowledge, contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or, during the period of ownership and operation by the Borrower or its Subsidiaries, previously owned or operated Property properties of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or or, to their knowledge, proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listCERCLIS, or their state or local analogs, nor has the Borrower or have any of its Subsidiaries been otherwise investigatednotified in writing of the designation, designated, listed, listing or identified identification of any property of the Borrower or any of its Subsidiaries as a potential site for requiring removal, remediation, cleanup, closure, restoration, reclamation, or other response activity (“Response”) under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Changerequired by permit conditions); or (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes Material from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third party site any condition that has resulted in or could reasonably be expected to result in the need a requirement pursuant to applicable Environmental Law for Response by the Borrower or (iv) any of its Subsidiaries; and none of the Improvements are constructed on land designated Borrower or any of its Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Material to any third party site that could reasonably be expected to result in a requirement pursuant to applicable Environmental Law for Response by the Borrower or any Governmental Authority having land use jurisdiction as wetlandsof its Subsidiaries.

Environmental Condition. (a) Except as disclosed could not, individually or in writing the aggregate, reasonably be expected to the Administrative Agent, to the knowledge of the Borrowerhave a Material Adverse Effect, the Borrower and its Subsidiaries Loan Parties (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property Properties of the Borrower Loan Parties or of any of its their present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listCERCLIS, or their state or local analogs, nor has the Parent or have any of its Subsidiaries been otherwise investigatednotified of the designation, designated, listed, listing or identified identification of any Property of such Loan Party or any of its present or former Subsidiaries as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Changerequired by permit conditions); (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Loan Parties or any of its their present or former Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release (as defined under any Environmental Law) of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (ivas defined under any Environmental Law) and none of the Improvements are constructed on land designated by Loan Parties or any Governmental Authority having land use jurisdiction as wetlandsof their present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Substances to any third party site which could reasonably be expected to result in the need for Response. (c) Without limiting the foregoing, the present and future liability, if any, of the Parent or any of its Subsidiaries, which could reasonably be expected to arise in connection with requirements under Environmental Laws could not reasonably be expected to have a Material Adverse Effect.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. Except as disclosed on the attached Schedule 4.16: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower The Company and its Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all material terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any material violation or alleged violation of any Environmental Law or Environmental PermitPermit by the Company or any of its Subsidiaries; and (iv) are not subject to any material actual or contingent Environmental Claim. (bi) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property Properties of the Borrower Company or of any of its present or former Subsidiaries, wherever located, (iA) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, the RCRA Corrective Action List, or their state or local analogs, or have nor has the Company been otherwise investigatednotified of the designation, designated, listed, listing or identified identification of any Property of the Company or any of its present or former Subsidiaries as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, corrective action, or other response activity under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Changerequired by permit conditions); (iiB) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Company or any of its present or former Subsidiaries, wherever located; or (iiiC) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could would reasonably be expected to result in the need for Response or that would cause a Material Adverse Change and (ivii) none of the Improvements are constructed on land designated by Company or any Governmental Authority having land use jurisdiction as wetlandsof their present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Substances to any third party site which would reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Environmental Condition. (a1) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply could reasonably be expected to cause a Material Adverse Change; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit, which violation could reasonably be expected to cause a Material Adverse Change; and (iv) are not subject to any actual or contingent material Environmental Claim, which Environmental Claim could reasonably be expected to cause a Material Adverse Change. (b2) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which Lien could reasonably be expected to cause a Material Adverse Change; or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or that could cause a Material Adverse Change. (iv3) none Without limiting the foregoing, the present and, to the best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction Borrower, future liability, if any, of the Borrower and its Subsidiaries, taken as wetlandsa whole, which could reasonably be expected to arise in connection with requirements under Environmental Laws will not result in a Material Adverse Change.

Environmental Condition. (a) Except as disclosed in writing Schedule 4.14 (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Administrative AgentAgent in writing after the date of this Agreement and prior to the date such representation is deemed given), to the knowledge of the Borrower, the Borrower Borrower, the Parent and its their respective Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentSchedule 4.14, to the knowledge of Borrower, none of the present no Property which is presently or previously owned or operated Property of by the Borrower Borrower, the Parent or of any of its their respective present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Borrower, the Parent or any of its their respective Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as disclosed in writing the Environmental Reports (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Administrative AgentAgent in writing after the date of this Agreement and prior to the date such representation is deemed given), to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed set forth in writing to the Administrative AgentEnvironmental Reports or the surveys for the Hotel Properties, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as set forth on Schedule 4.14 or disclosed in writing to the Administrative AgentPhase I Environmental Site Assessment prepared by URS, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have matters that would not caused at the site or at any third‑party site any condition that has resulted in or could reasonably be expected to result in the need for Response Borrowers or any of their respective Restricted Subsidiaries incurring material liability, (iva) to Borrowers' knowledge, none of Borrowers' or their respective Restricted Subsidiaries' properties or assets has ever been used by Borrowers, any of their respective Restricted Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such use, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to Borrowers' knowledge, none of Borrowers' nor any of their respective Restricted Subsidiaries' properties is or has ever been designated or identified pursuant to any environmental protection statute as a site requiring investigation or remediation due to the disposal or release of Hazardous Materials, (c) none of Borrowers nor any of their respective Restricted Subsidiaries have received notice that a Lien arising under any Environmental Law has attached to any revenues of any Borrower or any of its Restricted Subsidiaries or to any Real Property owned or operated by Borrowers or any of their respective Restricted Subsidiaries, and (d) none of Borrowers nor any of their respective Restricted Subsidiaries have received a summons, citation, notice, or directive from the Improvements are constructed on land designated United States Environmental Protection Agency or any other federal or state governmental agency ("Environmental Claim") concerning any action or omission by any Governmental Authority having land use jurisdiction as wetlandsBorrower or any of its Restricted Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment other than Environmental Claims that would not reasonably be expected to result in a Material Adverse Change, and there are no material Environmental Claims currently pending against Borrowers or any of their respective Restricted Subsidiaries.

Environmental Condition. (a) Except as disclosed in writing Schedule 4.14 (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Administrative AgentAgent in writing after the date of this Agreement and prior to the date such representation is deemed given), to the knowledge of the Borrower, the Borrower Borrower, the Parent and its their respective Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentSchedule 4.14, and to the knowledge of BorrowerBorrower with respect to any Property other than an Owned Hospitality Property, none of the present no Property which is presently owned or leased or was previously owned or operated Property of leased by the Borrower Borrower, the Parent or of any of its their respective present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a Fund or other potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Borrower, the Parent or any of its their respective Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands. (c) Except as disclosed on Schedule 4.14, there are no Hazardous Materials located on any property owned or, to the knowledge of the Borrower, operated by the Borrower or Parent other than Permitted Hazardous Materials or Hazardous Materials, the presence of which would not reasonably be expected to result in the Borrower or Parent incurring material liabilities under Environmental Laws.

Environmental Condition. (a) Except as disclosed in writing to the Administrative AgentAgent or in the Existing Loan Agreement, or, with respect to any Property, would not reasonably be expected to have a Property Material Adverse Effect, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentAgent or in the Existing Loan Agreement, or, with respect to any Property, would not reasonably be expected to have a Property Material Adverse Effect, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could would reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as set forth on Schedule 4.14 or disclosed in writing to the Administrative AgentPhase I Environmental Site Assessment prepared by URS, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have matters that would not caused at the site or at any third‑party site any condition that has resulted in or could reasonably be expected to result in the need for Response Borrowers or any of their respective Restricted Subsidiaries incurring material liability, (iva) to Borrowers’ knowledge, none of Borrowers’ or their respective Restricted Subsidiaries’ properties or assets has ever been used by Borrowers, any of their respective Restricted Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such use, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to Borrowers’ knowledge, none of Borrowers’ nor any of their respective Restricted Subsidiaries’ properties is or has ever been designated or identified pursuant to any environmental protection statute as a site requiring investigation or remediation due to the disposal or release of Hazardous Materials, (c) none of Borrowers nor any of their respective Restricted Subsidiaries have received notice that a Lien arising under any Environmental Law has attached to any revenues of any Borrower or any of its Restricted Subsidiaries or to any Real Property owned or operated by Borrowers or any of their respective Restricted Subsidiaries, and (d) none of Borrowers nor any of their respective Restricted Subsidiaries have received a summons, citation, notice, or directive from the Improvements are constructed on land designated United States Environmental Protection Agency or any other federal or state governmental agency (“Environmental Claim”) concerning any action or omission by any Governmental Authority having land use jurisdiction as wetlandsBorrower or any of its Restricted Subsidiaries resulting in the releasing or disposing of Hazardous Materials into the environment other than Environmental Claims that would not reasonably be expected to result in a Material Adverse Change, and there are no material Environmental Claims currently pending against Borrowers or any of their respective Restricted Subsidiaries.

Environmental Condition. (a) Except The Loan Parties, except as disclosed in writing could not reasonably be expected to the Administrative Agenthave a Material Adverse Effect, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all material terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any material violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent material Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property Properties of the Borrower Loan Parties or of any of its their present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listCERCLIS, or their state or local analogs, nor has the Borrower or have any of its Subsidiaries been otherwise investigatednotified of the designation, designated, listed, listing or identified identification of any Property of such Loan Party or any of its present or former Subsidiaries as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which (except as such activities may be required by permit conditions), where any of the foregoing could reasonably be expected to cause have a Material Adverse ChangeEffect; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Loan Parties or any of its their present or former Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release (as defined under any Environmental Law) of Hazardous Substances or Hazardous Wastes Material from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (ivas defined under any Environmental Law) and none of the Improvements are constructed on land designated by Loan Parties or any Governmental Authority having land use jurisdiction as wetlandsof their present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Materials to any third party site which could reasonably be expected to result in the need for Response, where any of the foregoing could reasonably be expected to have a Material Adverse Effect. (c) Without limiting the foregoing, the present and future liability, if any, of the Borrower or any of its Subsidiaries, which could reasonably be expected to arise in connection with requirements under Environmental Laws could not reasonably be expected to have a Material Adverse Effect.

Environmental Condition. (a) Except as disclosed in writing to The Borrowers and the Administrative Agent, to the knowledge of the Borrower, the Borrower and its Restricted Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are not in breach of any material compliance with all terms and conditions of such Environmental Permits and with all or any other material requirements of applicable Environmental Laws; (iii) have not received written notice of any material violation or alleged violation of any Environmental Law or Environmental PermitPermit which would affect the ability of such Borrower or such Restricted Subsidiary to operate any Vessel; and (iv) are not subject to any material actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentThere are no facts, to the knowledge of Borrowercircumstances, none of the present conditions or previously occurrences on any Vessel owned or operated Property of the by any Borrower or of any of its present or former Subsidiaries, wherever located, Restricted Subsidiary that is reasonably likely (i) has been placed on to form the basis of an Environmental Claim against the Loan Parties, any of the Restricted Subsidiaries or proposed any Vessel owned by any Borrower or any Restricted Subsidiary, or (ii) to cause such Vessel to be placed subject to any restrictions on the National Priorities Listits ownership, the Comprehensive Environmental Response Compensation Liability Information System listregistration, use or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity transferability under any Environmental Laws which Law, in each case that, individually or in the aggregate, could reasonably be expected to cause have a Material Adverse Change; Effect. (iic) is subject None of the Borrowers or any of the Restricted Subsidiaries has at any time (i) generated, used, treated or stored Hazardous Materials on, or transported Hazardous Materials to a Lienor from, arising under or in connection with any Environmental Laws, that attaches to Vessel at any revenues or to any Property time owned or operated by the any Borrower or any of its SubsidiariesRestricted Subsidiary, wherever located; except in material compliance with any applicable Environmental Law, or (iiiii) has been the site of released Hazardous Materials on or from any Releasesuch Vessel where such occurrence or event, use either individually or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlandsaggregate, is reasonably likely to have a Material Adverse Effect.

Environmental Condition. (a) Except as disclosed in writing the Environmental Reports (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Administrative AgentAgent in writing after the date of this Agreement and prior to the date such representation is deemed given), to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed set forth in writing to the Administrative AgentEnvironmental Reports or the surveys for the Hotel Properties, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businessesbusinesses of which the failure to obtain would reasonably be expected to have a Material Adverse Effect; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply would reasonably be expected to have a Material Adverse Effect; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental PermitPermit the violation of which would reasonably be expected to have a Material Adverse Effect; and (iv) are not subject to any actual or contingent Environmental Claim, which Environmental Claim would reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in writing to the Administrative Agent, to To the knowledge of any Responsible Officer of the Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeLaws; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which Lien would reasonably be expected to have a Material Adverse Effect; or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could would reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlandsthat would have a Material Adverse Effect.

Environmental Condition. Except as disclosed on the attached Schedule 4.16: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower The Company and its Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all material terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any material violation or alleged violation of any Environmental Law or Environmental PermitPermit by the Company or any of its Subsidiaries; and (iv) are not subject to any material actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none (i) None of the present or previously owned or operated Property Properties of the Borrower Company or of any of its present or former Subsidiaries, wherever located, (iA) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, the RCRA Corrective Action List, or their state or local analogs, or have nor has the Company been otherwise investigatednotified of the designation, designated, listed, listing or identified identification of any Property of the Company or any of its present or former Subsidiaries as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, corrective action, or other response activity under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Changerequired by permit conditions); (iiB) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Company or any of its present or former Subsidiaries, wherever located; or (iiiC) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party site any condition that has resulted in or could would reasonably be expected to result in the need for Response or that would cause a Material Adverse Change and (ivii) none of the Improvements are constructed on land designated by Company or any Governmental Authority having land use jurisdiction as wetlandsof their present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Substances to any third party site which would reasonably be expected to result in the need for Response that would cause a Material Adverse Change.

Environmental Condition. Except for matters which could not reasonably be expected to have a Material Adverse Effect: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent material Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeLaws; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected condition. (c) Without limiting the foregoing, the present and, to result in the need for Response or (iv) none best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction Borrower, future liability, if any, of the Borrower and its Subsidiaries, taken as wetlandsa whole.

Environmental Condition. (a) Except as disclosed in writing Schedule 4.14 (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Administrative AgentAgent in writing after the date of this Agreement and prior to the date such representation is deemed given), to the knowledge of the Borrower, the Borrower Borrower, the Parent and its their respective Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentSchedule 4.14, to the knowledge of Borrower, none of the present no Property which is presently or previously owned or operated Property of by the Borrower Borrower, the Parent or of any of its their respective present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a Fund or other potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Borrower, the Parent or any of its their respective Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as disclosed in writing set forth on Schedule 4.16 to the Administrative AgentDisclosure Letter or, with respect to any Property, would not reasonably be expected to have a Property Material Adverse Effect, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentAgent or, with respect to any Property, would not reasonably be expected to have a Property Material Adverse Effect, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could would reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands. Section 4.17 Legal Requirements, Zoning, Utilities, Access. Except as set forth on Schedule 4.17 to the Disclosure Letter attached hereto or, with respect to any Property, would not reasonably be expected to have a Property Material Adverse Effect, the use and operation of each Property constitutes a legal use under applicable zoning regulations (as the same may be modified by special use permits or the granting of variances) and complies in all material respects with all Legal Requirements, and does not violate in any material respect any material approvals, material restrictions of record or any material agreement affecting any Property (or any portion thereof). The Borrower and its Subsidiaries possess all certificates of public convenience, authorizations, permits, licenses, patents, patent rights or licenses, trademarks, trademark rights, trade names rights and copyrights (collectively “Permits”) required by Governmental Authority to own and operate the Properties, except for those Permits if not obtained would not reasonably be expected to cause a Material Adverse Change. The Borrower and its Subsidiaries own and operate their business in compliance with all applicable material Legal Requirements, except, with respect to any Property, as would not reasonably be expected to result in a Property Material Adverse Effect. Except as would not reasonably be expected to result in a Property Material Adverse Effect, to the extent necessary for the full utilization of each Property in accordance with its current use, telephone services, gas, steam, electric power, storm sewers, sanitary sewers and water facilities and all other utility services are available to each Property, are adequate to serve each such Property, exist at the boundaries of the Land and are not subject to any conditions, other than normal charges to the utility supplier, which would limit the use of such utilities. Except as would not reasonably be expected to result in a Property Material Adverse Effect, all streets and easements necessary for the occupancy and operation of each Property are available to the boundaries of the Land.

Environmental Condition. (a) Except The Credit Parties, taken as disclosed in writing to the Administrative Agenta whole, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply would reasonably be expected to cause a Material Adverse Change; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental PermitPermit the violation of which would reasonably be expected to cause a Material Adverse Change; and (iv) are not subject to any actual or contingent Environmental ClaimClaim known to any Credit Party, which Environmental Claim would reasonably be expected to cause a Material Adverse Change. (b) Except as disclosed in writing to the Administrative Agent, to To the knowledge of any Responsible Officer of the Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or or, to any Credit Party's knowledge, proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, designated or identified listed as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeLaws; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which Lien would reasonably be expected to cause a Material Adverse Change; or (iii) to any Credit Party's knowledge, has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could would reasonably be expected to result in the need for Response or that would cause a Material Adverse Change. (ivc) none Without limiting the foregoing, the present and, to the best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction Borrower, future liability, if any, of the Credit Parties, taken as wetlandsa whole, which would reasonably be expected to arise in connection with requirements under Environmental Laws will not result in a Material Adverse Change.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply could reasonably be expected to cause a Material Adverse Change; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit, which violation could reasonably be expected to cause a Material Adverse Change; and (iv) are not subject to any actual or contingent material Environmental Claim, which Environmental Claim could reasonably be expected to cause a Material Adverse Change. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which Lien could reasonably be expected to cause a Material Adverse Change; or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or that could cause a Material Adverse Change. (ivc) none Without limiting the foregoing, the present and, to the best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction Borrower, future liability, if any, of the Borrower and its Subsidiaries, taken as wetlandsa whole, which could reasonably be expected to arise in connection with requirements under Environmental Laws will not result in a Material Adverse Change.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply could reasonably be expected to cause a Material Adverse Change; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit, which violation could reasonably be expected to cause a Material Adverse Change; and (iv) are not subject to any actual or contingent material Environmental Claim, which Environmental Claim could reasonably be expected to cause a Material Adverse Change. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, listed or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, reclamation or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; , (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; , which Lien could reasonably be expected to cause a Material Adverse Change, or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for a Response or that could cause a Material Adverse Change. (ivc) none Without limiting the foregoing, as of the Improvements are constructed on land designated by Effective Date, the present and, to the best knowledge of any Governmental Authority having land use jurisdiction Responsible Officer of the Borrower, future liability, if any, of the Borrower and its Subsidiaries, taken as wetlandsa whole, which could reasonably be expected to arise in connection with requirements under Environmental Laws will not result in a Material Adverse Change.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower The Company and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply could reasonably be expected to cause a Material Adverse Change; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit, which violation could reasonably be expected to cause a Material Adverse Change; and (iv) are not subject to any actual or contingent material Environmental Claim, which Environmental Claim could reasonably be expected to cause a Material Adverse Change. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower Company or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, listed or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, reclamation or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; , (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Company or any of its Subsidiaries, wherever located; , which Lien could reasonably be expected to cause a Material Adverse Change, or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for a Response or that could cause a Material Adverse Change. (ivc) none Without limiting the foregoing, as of the Improvements are constructed on land designated by Effective Date, the present and, to the best knowledge of any Governmental Authority having land use jurisdiction Responsible Officer of the Company, future liability, if any, of the Company and its Subsidiaries, taken as wetlandsa whole, which could reasonably be expected to arise in connection with requirements under Environmental Laws will not result in a Material Adverse Change.

Environmental Condition. Except as set forth on Schedule 4.13 and except with respect to any other matters that, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower The Parent and its Subsidiaries (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective Properties properties and the conduct of their respective businessesbusinesses as currently conducted; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received written notice alleging the Parent or any of any violation or alleged its Subsidiaries are in violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or or, to their knowledge, contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or, during the period of ownership and operation by the Parent or its Subsidiaries, previously owned or operated Property properties of the Borrower Parent or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or or, to their knowledge, proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listCERCLIS, or their state or local analogs, nor has the Parent or have any of its Subsidiaries been otherwise investigatednotified in writing of the designation, designated, listed, listing or identified identification of any property of the Parent or any of its Subsidiaries as a potential site for requiring removal, remediation, cleanup, closure, restoration, reclamation, or other response activity (“Response”) under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Changerequired by permit conditions); (ii) is subject to a Lien, arising under or in connection with pursuant to any Environmental Laws, that attaches to any revenues of the Parent or its Subsidiaries or to any Property property currently owned or operated by the Borrower Parent or any of its Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release (as defined under any Environmental Law) of Hazardous Substances or Hazardous Wastes Material from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need a requirement pursuant to applicable Environmental Law for Response by the Parent or (iv) any of its Subsidiaries and that could, individually or in the aggregate, reasonably be expected to result in liabilities in the aggregate in excess of $3,000,000 and none of the Improvements are constructed on land designated Parent or any of its Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Material to any third party site which could reasonably be expected to result in a requirement pursuant to applicable Environmental Law for Response by the Parent or any Governmental Authority having land use jurisdiction as wetlandsof its Subsidiaries that could, individually or in the aggregate, reasonably be expected to result in liabilities in the aggregate in excess of $3,000,000.

Environmental Condition. (a) Except as disclosed in writing Schedule 1 (or with respect to the Administrative Agentgiving of this representation after the date of this Agreement, as otherwise disclosed to the Agent in writing after the date of this Agreement and prior to the date such representation is deemed given), to the actual knowledge of the Borrower, the Borrower and its Subsidiaries any Authorized Officer (i) have obtained or have caused the owner of the Hospitality Property to obtain all Environmental Permits material for the ownership and operation of their respective Hospitality Properties owned, leased or managed and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentSchedule 1, to the actual knowledge of Borrowerany Authorized Officer, none of the present no Hospitality Property which is presently or previously owned owned, leased or operated Property of managed by the Borrower or of any of its respective present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeEffect; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Hospitality Property owned owned, leased or operated managed by the Borrower Borrower, or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have The Lessee (A) has obtained all ----------------------- Environmental Permits material necessary for the ownership and operation of their respective Properties its material properties and the conduct of their respective businessesits business of which the failure to obtain would reasonably be expected to have a Material Adverse Effect; (iiB) have has been and are is in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply would reasonably be expected to have a Material Adverse Effect; (iiiC) have has not received notice of any violation or alleged violation of any Environmental Law or Environmental PermitPermit the violation of which would reasonably be expected to have a Material Adverse Effect; and (ivD) are is not subject to any actual or contingent Environmental Claim, which Environmental Claim would reasonably be expected to have a Material Adverse Effect. (bii) Except as disclosed in writing to the Administrative Agent, to To the knowledge of Borrowerany Responsible Officer of the Lessee, none of the present or previously owned or operated Property property of the Borrower or of any of its present or former SubsidiariesLessee, wherever located, (iA) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeLaws; (iiB) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property property owned or operated by the Borrower or any of its SubsidiariesLessee, wherever located, which Lien would reasonably be expected to have a Material Adverse Effect; or (iiiC) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could would reasonably be expected to result in the need for Response or that would have a Material Adverse Effect. (iviii) none Without limiting the foregoing, the present and, to the best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlandsLessee, future liability, if any, of the Lessee, which would reasonably be expected to arise in connection with requirements under Environmental Laws will not have a Material Adverse Effect.

Environmental Condition. Except as disclosed on the attached Schedule 4.16: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower The Company and its Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; , (ii) have been and are in material compliance with all material terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; , (iii) have not received notice of any material violation or alleged violation of any Environmental Law or Environmental Permit; , and (iv) are not subject to any material actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property Properties of the Borrower Company or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listList or CERCLIS, or their state or local analogs, nor has the Company or have any of its Subsidiaries been otherwise investigatednotified of the designation, designated, listed, listing or identified identification of any Property of the Company or any of its present or former Subsidiaries as a potential site for future removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Change; required by permit conditions), (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Company or any of its present or former Subsidiaries, wherever located; , or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) and none of the Improvements are constructed on land designated by Company or any Governmental Authority having land use jurisdiction as wetlandsof its present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Substances to any third party site which could reasonably be expected to result in the need for Response. (c) Without limiting the foregoing, the present and future liability, if any, of the Company or any of its Subsidiaries, which could reasonably be expected to arise in connection with requirements under Environmental Laws could not reasonably be expected to have a Material Adverse Effect.

Environmental Condition. Except for matters which could not ----------------------- reasonably be expected to have a Material Adverse Effect: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent material Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeLaws; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected condition. (c) Without limiting the foregoing, the present and, to result in the need for Response or (iv) none best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction Borrower, future liability, if any, of the Borrower and its Subsidiaries, taken as wetlandsa whole.

Environmental Condition. Except as disclosed on the attached Schedule 22.16: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower The Parent Company and its Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all material terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any material violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any material actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property Properties of the Borrower Parent Company or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, CERCLIS, or, to the Comprehensive Environmental Response Compensation Liability Information System listknowledge of any Responsible Officer, or their state or local analogs, nor has the Parent Company or have any of its Subsidiaries been otherwise investigatednotified of the designation, designated, listed, listing or identified identification of any Property of the Parent Company or any of its present or former Subsidiaries as a potential site for material removal, remediation, cleanup, closure, restoration, reclamation, or other material response activity under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Changerequired by permit conditions); (ii) is subject to a material Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Parent Company or any of its present or former Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) that could cause a Material Adverse Change and none of the Improvements are constructed on land designated by Parent Company or any Governmental Authority having land use jurisdiction as wetlandsof its present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Substances to any third party site which could reasonably be expected to result in the need for Response that could cause a Material Adverse Change. (c) Without limiting the foregoing, the present and future liability, if any, of the Parent Company or any of its Subsidiaries, which could reasonably be expected to arise in connection with requirements under Environmental Laws could not reasonably be expected to cause a Material Adverse Change.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower The Parent and its Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all material terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any material violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any material actual or or, to their knowledge, contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property Properties of the Borrower Parent or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listCERCLIS, or their state or local analogs, nor has the Parent or have any of its Subsidiaries been otherwise investigatednotified of the designation, designated, listed, listing or identified identification of any Property of the Parent or any of its present or former Subsidiaries as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity (“Response”) under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Changerequired by permit conditions); (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Parent or any of its present or former Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release (as defined under any Environmental Law) of Hazardous Substances or Hazardous Wastes Material from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response (as defined under any Environmental Law) and that could, individually or (iv) in the aggregate, reasonably be expected to result in liabilities in the aggregate in excess of $3,000,000 and none of the Improvements are constructed on land designated by Parent or any Governmental Authority having land use jurisdiction as wetlandsof its present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Material to any third party site which could reasonably be expected to result in the need for Response that could, individually or in the aggregate, reasonably be expected to result in liabilities in the aggregate in excess of $3,000,000.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower The Company and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply could reasonably be expected to cause a Material Adverse Change; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit, which violation could reasonably be expected to cause a Material Adverse Change; and (iv) are not subject to any actual or contingent material Environmental Claim, which Environmental Claim could reasonably be expected to cause a Material Adverse Change. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower Company or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, listed or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, reclamation or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; , (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Company or any of its Subsidiaries, wherever located; , which Lien could reasonably be expected to cause a Material Adverse Change, or (iii) to the knowledge of a Responsible Officer of the Company, has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for a Response or that could cause a Material Adverse Change. (ivc) none Without limiting the foregoing, as of the Improvements are constructed on land designated by Effective Date, the present and, to the best knowledge of any Governmental Authority having land use jurisdiction Responsible Officer of the Company, future liability, if any, of the Company and its Subsidiaries, taken as wetlandsa whole, which could reasonably be expected to arise in connection with requirements under Environmental Laws will not result in a Material Adverse Change.

Environmental Condition. (a) Except as disclosed in writing set forth on Schedule 4.16 to the Administrative AgentDisclosure Letter or, with respect to any Property, would not reasonably be expected to have a Property Material Adverse Effect, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentAgent or, with respect to any Property, would not reasonably be expected to have a Property Material Adverse Effect, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could would reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as disclosed in writing to the Administrative AgentEnvironmental Reports, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed set forth in writing to the Administrative AgentEnvironmental Reports, to the knowledge of Borrower, none of the present or previously owned or operated Property Properties of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. Except for matters which could not reasonably be expected to have a Material Adverse Effect: (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent material Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeLaws; (ii) is subject to a Lien, Lien (other than Permitted Liens) arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted condition. (c) Without limiting the foregoing, the liability, if any, of the Borrower and its Subsidiaries, taken as a whole, which could reasonably be expected to arise in or connection with requirements under Environmental Laws could not reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlandsa Material Adverse Effect.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws as to which the failure to comply could reasonably be expected to have a Material Adverse Effect; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental PermitPermit the violation of which could reasonably be expected to have a Material Adverse Effect; and (iv) are not subject to any actual or contingent Environmental Claim, which Environmental Claim could reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in writing to the Administrative Agent, to To the knowledge of the Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or or, to the Borrower's knowledge, proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, designated or identified listed as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, reclamation or other response activity under any Environmental Laws which if the liability to the Borrower for such removal, remediation, cleanup, closure, restoration, reclamation or other response activity could reasonably be expected to cause a Material Adverse Changebe in excess of $10 million dollars; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which Lien could reasonably be expected to have a Material Adverse Effect; or (iii) to any Credit Party's knowledge, has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party site any condition that has resulted in or could reasonably be expected to result in the need for Response or that could reasonably be expected to have a Material Adverse Effect. (ivc) none Without limiting the foregoing, the present and, to the best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction Borrower, future liability, if any, of the Credit Parties, taken as wetlandsa whole, which would reasonably be expected to arise in connection with requirements under Environmental Laws will not result in a Material Adverse Effect.

Environmental Condition. Except for the real property owned or operated by any of the Borrowers or any of their Subsidiaries in connection with the Exit Strategy Program, which real properties, as of the Closing Date, are listed on Schedule 4.14, (a) Except as disclosed in writing to none of the Administrative Agentproperties or assets currently or, to Borrowers’ knowledge, formerly owned, leased or operated by Borrowers or their Subsidiaries, has ever been used by Borrowers, their Subsidiaries, or by previous owners or operators in the knowledge of the Borrowerdisposal, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are release or treatment of, or to produce, store, handle, or transport, any Hazardous Materials, except where such use, production, storage, handling, or transport was in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental LawsLaw; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of BorrowerBorrowers’ knowledge, none of the present properties or previously owned assets currently or formerly owned, leased or operated Property by Borrowers or their Subsidiaries has ever been the subject of the Borrower an Environmental Action or designated or identified in any manner pursuant to any Environmental Laws as a Hazardous Materials disposal site; (c) none of Borrowers or any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or Subsidiaries have been otherwise investigated, designated, listed, or identified as received notice that a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity Lien arising under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches Law has attached to any revenues or to any Real Property owned or operated by the Borrowers or their Subsidiaries; (d) none of Borrowers or any of their Subsidiaries have received notice of or been a party to any Environmental Actions concerning any action or omission by any Borrower or any Subsidiary of its Subsidiariesa Borrower or any properties or assets currently or formerly owned, wherever locatedleased or operated by Borrowers or their Subsidiaries pertaining to (i) violations or alleged violations of Environmental Laws or (ii) the presence, release, threat of release, treatment, storage, disposal, use, production, handling or transport of or exposure to Hazardous Materials; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (ive) none of the Improvements are constructed on land designated Borrowers or any of their Subsidiaries or any operator of the Real Property is in violation or alleged violation of applicable Environmental Laws; and (f) except in the ordinary course in connection with the Exit Strategy Program, none of the Borrowers or any of their Subsidiaries have, either expressly or by operation of law, assumed or undertaken any Governmental Authority having land use jurisdiction as wetlandsobligation to (i) perform or cause the performance of Remedial Actions or (ii) indemnify, defend and hold harmless any other Person with respect to matters arising from or relating to Environmental Laws, Hazardous Materials, Environmental Liabilities or Environmental Actions.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its Subsidiaries Subsidiaries, taken as a whole, (i) have obtained all Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply could reasonably be expected to cause a Material Adverse Change; (iii) have not received notice of any violation or alleged violation of any Environmental Law or Environmental Permit, which violation could reasonably be expected to cause a Material Adverse Change; and (iv) are not subject to any actual or contingent material Environmental Claim, which Environmental Claim could reasonably be expected to cause a Material Adverse Change. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located, which Lien could reasonably be expected to cause a Material Adverse Change; or (iii) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or that could cause a Material Adverse Change. (ivc) none Without limiting the foregoing, the present and, to the best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.Borrower, future liability, if any, of the Borrower and its Subsidiaries, taken as

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge Each of the Borrower, the Borrower Parent and its Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all material terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental Laws; (iii) have not received notice of any material violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any material actual or or, to their knowledge, contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative Agent, to the knowledge of Borrower, none None of the present or previously owned or operated Property Properties of the Borrower Parent or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System listCERCLIS, or their state or local analogs, nor has the Parent or have any of its Subsidiaries been otherwise investigatednotified of the designation, designated, listed, listing or identified identification of any Property of the Parent or any of its present or former Subsidiaries as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity (“Response”) under any Environmental Laws which could reasonably (except as such activities may be expected to cause a Material Adverse Changerequired by permit conditions); (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower Parent or any of its present or former Subsidiaries, wherever located; or (iii) has been the site of any Release, use or storage Release (as defined under any Environmental Law) of Hazardous Substances or Hazardous Wastes Material from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response (as defined under any Environmental Law) and that could, individually or (iv) in the aggregate, reasonably be expected to result in liabilities in the aggregate in excess of $3,000,000 and none of the Improvements are constructed on land designated by Parent or any Governmental Authority having land use jurisdiction as wetlandsof its present or former Subsidiaries has generated or transported or has caused to be generated or transported Hazardous Material to any third party site which could reasonably be expected to result in the need for Response that could, individually or in the aggregate, reasonably be expected to result in liabilities in the aggregate in excess of $3,000,000.

Environmental Condition. (a) Except as disclosed in writing the Environmental Reports (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Administrative AgentAgent in writing after the date of this Agreement and prior to the date such representation is deemed given), to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have obtained all Environmental Permits material for the ownership and operation of their respective Properties and the conduct of their respective businesses; (ii) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other requirements of applicable Environmental Laws; (iii) have not received written notice of any violation or alleged violation of any Environmental Law or Environmental Permit; and (iv) are not subject to any actual or contingent Environmental Claim. To the knowledge of the Borrower (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Administrative Agent in writing after the date of this Agreement and prior to the date such representation is deemed given), the Borrower and its Subsidiaries are not subject to any actual or contingent Environmental Claim which the Borrower believes in good faith will involve cost or expense to the Borrower or its Subsidiaries in excess of $1,000,000 for any single Environmental Claim, or in excess of $10,000,000 for all such Environmental Claims in the aggregate. (b) Except as disclosed set forth in writing to the Administrative AgentEnvironmental Reports or the surveys for the Hotel Properties, to the knowledge of Borrower, none of the present or previously owned or operated Property of the Borrower or of any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local -91- analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property owned or operated by the Borrower or any of its Subsidiaries, wherever located; (iii) has been the site of any Release, use or storage of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not caused at the site or at any third‑party third-party site any condition that has resulted in or could reasonably be expected to result in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlands.

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower and its Subsidiaries (i) have The Lessee (A) has obtained all Environmental Permits material necessary for the ownership and operation of their respective Properties its material properties and the conduct of their respective businessesits business of which the failure to obtain would reasonably be expected to have a Material Adverse Effect; (iiB) have has been and are is in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply would reasonably be expected to have a Material Adverse Effect; (iiiC) have has not received notice of any violation or alleged violation of any Environmental Law or Environmental PermitPermit the violation of which would reasonably be expected to have a Material Adverse Effect; and (ivD) are is not subject to any actual or contingent Environmental Claim, which Environmental Claim would reasonably be expected to have a Material Adverse Effect. (bii) Except as disclosed in writing to the Administrative Agent, to To the knowledge of Borrowerany Responsible Officer of the Lessee, none of the present or previously owned or operated Property property of the Borrower or of any of its present or former SubsidiariesLessee, wherever located, (iA) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeLaws; (iiB) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property property owned or operated by the Borrower or any of its SubsidiariesLessee, wherever located, which Lien would reasonably be expected to have a Material Adverse Effect; or (iiiC) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could would reasonably be expected to result in the need for Response or that would have a Material Adverse Effect. (iviii) none Without limiting the foregoing, the present and, to the best knowledge of any Responsible Officer of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlandsLessee, future liability, if any, of the Lessee, which would reasonably be expected to arise in connection with requirements under Environmental Laws will not have a Material Adverse Effect.

Environmental Condition. The Guarantors and their Subsidiaries, taken as a whole, (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the Borrower and its Subsidiaries (iA) have obtained all Environmental Permits material necessary for the ownership and operation of their respective Properties material properties and the conduct of their respective businessesbusinesses of which the failure to obtain would reasonably be expected to have a Material Adverse Effect; (iiB) have been and are in material compliance with all terms and conditions of such Environmental Permits and with all other material requirements of applicable Environmental LawsLaws of which the failure to comply would reasonably be expected to have a Material Adverse Effect; (iiiC) have not received notice of any violation or alleged violation of any Environmental Law or Environmental PermitPermit the violation of which would reasonably be expected to have a Material Adverse Effect; and (ivD) are not subject to any actual or contingent Environmental Claim. (b) Except as disclosed in writing , which Environmental Claim would reasonably be expected to the Administrative Agent, to have a Material Adverse Effect. To the knowledge of Borrowerany Responsible Officer of any Guarantor, none of the present or previously owned or operated Property property of the Borrower any Guarantor or of any of its such Guarantor's present or former Subsidiaries, wherever located, (iA) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse ChangeLaws; (iiB) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property property owned or operated by the Borrower any Guarantor or any of its such Guarantor's Subsidiaries, wherever located, which Lien would reasonably be expected to have a Material Adverse Effect; or (iiiC) has been the site of any Release, use or storage Release of Hazardous Substances or Hazardous Wastes from present or past operations except for Permitted Hazardous Substances, which Permitted Hazardous Substances have not has caused at the site or at any third‑party third-party site any condition that has resulted in or could would reasonably be expected to result in the need for Response or (iv) none that would have a Material Adverse Effect. Without limiting the foregoing, the present and, to the best knowledge of any Responsible Officer of any Guarantor, future liability, if any, of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction Guarantors and their Subsidiaries, taken as wetlands.a whole, which would reasonably be expected to arise in

Environmental Condition. (a) Except as disclosed in writing to the Administrative Agent, to the knowledge of the Borrower, the The Borrower and its the Restricted Subsidiaries (i) have obtained all material Environmental Permits material necessary for the ownership and operation of their respective material Properties and the conduct of their respective businesses; (ii) have been and are not in breach of any material compliance with all terms and conditions of such Environmental Permits and with all or any other material requirements of applicable Environmental Laws; (iii) have not received written notice of any material violation or alleged violation of any Environmental Law or Environmental PermitPermit which would affect the ability of the Borrower or such Restricted Subsidiary to operate any Vessel; and (iv) are not subject to any material actual or contingent Environmental Claim. (b) Except as disclosed in writing to the Administrative AgentThere are no facts, to the knowledge of Borrowercircumstances, none of the present conditions or previously owned or operated Property of the Borrower or of occurrences on any of its present or former Subsidiaries, wherever located, (i) has been placed on or proposed to be placed on the National Priorities List, the Comprehensive Environmental Response Compensation Liability Information System list, or their state or local analogs, or have been otherwise investigated, designated, listed, or identified as a potential site for removal, remediation, cleanup, closure, restoration, reclamation, or other response activity under any Environmental Laws which could reasonably be expected to cause a Material Adverse Change; (ii) is subject to a Lien, arising under or in connection with any Environmental Laws, that attaches to any revenues or to any Property Vessel owned or operated by the Borrower or any Restricted Subsidiary that is reasonably likely (i) to form the basis of an Environmental Claim against the Borrower, any of the Restricted Subsidiaries or any Vessel owned by the Borrower or any Restricted Subsidiary, or (ii) to cause such Vessel to be subject to any restrictions on its Subsidiariesownership, wherever located; (iii) has been the site of any Releaseregistration, use or storage of Hazardous Substances transferability under any Environmental Law, in each case that, individually or Hazardous Wastes from present or past operations except for Permitted Hazardous Substancesin the aggregate, which Permitted Hazardous Substances have not caused at the site or at any third‑party site any condition that has resulted in or could reasonably be expected to result have a Material Adverse Effect. (c) Neither the Borrower nor any of the Restricted Subsidiaries has at any time (i) generated, used, treated or stored Hazardous Materials on, or transported Hazardous Materials to or from, any Vessel at any time owned or operated by the Borrower or any Restricted Subsidiary, except in material compliance with any applicable Environmental Law, or (ii) released Hazardous Materials on or from any such Vessel where such occurrence or event, either individually or in the need for Response or (iv) none of the Improvements are constructed on land designated by any Governmental Authority having land use jurisdiction as wetlandsaggregate, is reasonably likely to have a Material Adverse Effect.