Common use of Environmental Representations Clause in Contracts

Environmental Representations. To the best of each Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken reasonable steps to determine and have determined, to the best of such Borrowers' knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/S▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/S▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/S▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such the Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken reasonable all steps necessary to determine and have determined, to the best of such Borrowers' knowledge, has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties); (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' Borrower’s knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' Borrower’s properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken reasonable steps to determine and have has determined, to the best of such Borrowers' Borrower’s knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "“release" ” shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "“disposal" ” or "“disposed" ” shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "“release," "” “disposal" ” or "“disposed" ” which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's ’s or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("“UFFI"”) in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standardsknowledge: (a) None of the Borrowers are not is subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateraltheir properties, including, without limitation, the soil and ground water conditions at the location of any of such the Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting SubstanceSubstance that would or may reasonably be expected to result in a liability in the amount of $1,000,000 or more; (b) The Borrowers have not obtained been issued and are not required to obtain or make application for any in compliance with all material permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral their properties by reason of any Environmental Laws; (c) Each of the Borrowers have has taken reasonable all steps necessary to determine and have determined, to the best of such Borrowers' knowledge, has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral their operated Mineral Interests (the term "release" shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA) which singly has, or in the aggregate have resulted in, or may reasonably be expected to result in a liability in the amount of $1,000,000 or more; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties); (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. (a) To the best of each Borrowers' knowledge and beliefknowledge, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not neither Borrower is subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such the Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken reasonable all steps necessary to determine and have determined, to the best of such Borrowers' knowledge, determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/SSARA, ▇▇▇, and d the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/S▇SARA ▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/S▇▇▇SARA, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties); (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' propertiesthe Property, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken all reasonable steps necessary to determine and have determined, to the best of such Borrowers' knowledge, has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral); and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' Borrower's knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken reasonable steps to determine and have has determined, to the best of such Borrowers' Borrower's knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' ’ knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' ’ properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken reasonable steps to determine and have determined, to the best of such Borrowers' ’ knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "“release" ” shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "“disposal" ” or "“disposed" ” shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "“release," "” “disposal" ” or "“disposed" ” which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's ’s or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("“UFFI"”) in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' knowledge and beliefBorrower's knowledge, upon reasonable and good faith inquiry exercised with following due diligence and inquiry (in accordance with normal industry standards) thereby: (a) Borrowers There are not subject no pending claims, assessments or litigation pertaining to any Borrower's liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' the Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken reasonable all steps necessary to determine and have determined, to the best of such Borrowers' knowledge, has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties); (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' Borrower's knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have The Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have Borrower has taken reasonable steps to determine and have has determined, to the best of such Borrowers' Borrower's knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' Borrower's knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) other than permits, licenses or similar authorizations required to obtained in the ordinary course of oil and gas operations, Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken reasonable steps to determine and have has determined, to the best of such Borrowers' Borrower's knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' ’ knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: : (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' ’ properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; ; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; ; (c) Borrowers have taken reasonable steps to determine and have determined, to the best of such Borrowers' ’ knowledge, that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "“release" ” shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "“disposal" ” or "“disposed" ” shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "“release," "” “disposal" ” or "“disposed" ” which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change 39 or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties; ; (d) There are no PCB's ’s or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and and (e) There is no urea formaldehyde foam insulation ("“UFFI"”) in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standardsthe Borrower's knowledge: (a) Borrowers are The Borrower is not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' the Borrower's properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have The Borrower has not obtained and are is not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have The Borrower has taken reasonable all steps necessary to determine and have determined, to the best of such Borrowers' knowledge, has determined that no Polluting Substances have been disposed of or otherwise released on, onto, into, or from the Collateral (the term "release" shall have the meanings specified in CERCLA/SCERCLA/▇▇▇▇, and the term "disposal" or "disposed" shall have the meanings specified in RCRA/HSWA; provided, in the event either CERCLA/SCERCLA/▇▇▇▇ or RCRA/HSWA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment and provided further, to the extent that the laws of any State or Tribunal establish a meaning for "release," "disposal" or "disposed" which is broader than that specified in CERCLA/SCERCLA/▇▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect on any Borrower or its financial capabilities or the Mortgaged Properties); (d) There are no PCB's or asbestos-containing materials, whether in the nature of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation insu­lation ("UFFI") in, on or upon the Collateral.

Environmental Representations. To the best of each Borrowers' knowledge and belief, upon reasonable and good faith inquiry exercised with due diligence and in accordance with normal industry standards: Except as set forth on Schedule 3.16: (a) Borrowers are not subject to any liability or obligation relating to (i) the environmental conditions on, under or about the Collateral, including, without limitation, the soil and ground water conditions at the location of any of such Borrowers' properties, or (ii) the use, management, handling, transport, treatment, generation, storage, disposal, release or discharge of any Polluting Substance; (b) Borrowers have not obtained and are not required to obtain or make application for any permits, licenses or similar authorizations to construct, occupy, operate or use any buildings, improvements, facilities, fixtures and equipment forming a part of the Collateral by reason of any Environmental Laws; (c) Borrowers have taken reasonable steps to determine and have determined, to the best of such Borrowers' Seller's knowledge, that no Polluting Substances have been disposed none of the real property occupied by the Stations or on which facilities owned, leased or otherwise released onused by Seller in the operation of the Stations are located, onto, intohas ever been used by Seller, or from to the Collateral (knowledge of the term Seller, by previous owners and/or operators, to treat, produce, handle, transfer, process, transport, dispose or otherwise release a "releasehazardous substance," shall have the meanings specified in CERCLA/S▇▇▇, and the term "disposalhazardous waste," "pollutant" or "disposedcontaminant" shall have the meanings specified [as such terms are defined in RCRA/HSWA; providedany applicable federal, state, or local laws, ordinances, rules and regulations, and including any and all other terms which are or may be used in any applicable environmental laws to define prohibited or regulated substances (collectively "Toxic Substances")] other than in compliance with all applicable laws, ordinances, rules and regulations of all federal, state or local governmental authorities, and Seller has not used in the event either CERCLA/S▇▇▇ past, nor does Seller intend to use in the future, any of the real property owned or RCRA/HSWA is amended so as to broaden occupied by the meaning Stations or on which facilities owned, leased or otherwise used by the Stations are located, for the purpose of treating, producing, storing, handling, transferring, processing, transporting, disposing, using or otherwise releasing a Toxic Substance other than in compliance with such laws, statutes and any regulations promulgated thereunder; (b) Seller has no knowledge of any term defined therebynotification having been filed with regard to an Environmental Release on or into the real property occupied by the Stations or on which facilities owned, such broader meaning shall apply subsequent to leased or otherwise used by Seller in the effective date operation of such amendment and provided further, to the extent that the laws Stations are located; (c) Seller has no knowledge of any State pollution or Tribunal establish danger of pollution resulting from a meaning for "release," "disposal" or "disposed" condition which is broader than that specified in CERCLA/S▇▇▇, RCRA/HSWA or other Environmental Laws, such broader meaning shall apply) that causes, creates or results in a Material Adverse Change or a material adverse effect exists on any Borrower real property occupied by Stations or its financial capabilities on which facilities owned, leased or otherwise used by Seller in the Mortgaged Properties; operation of the Stations are located that would require notification, clean-up or response action under any federal, state or local statute or regulations; (d) There are Seller has no PCB's knowledge of any: (1) generation, treatment, recycling, storage or disposal of any hazardous waste, (2) underground storage tank, surface impoundment, lagoon or other containment facility (past or present) for the temporary or permanent storage, treatment or disposal of hazardous substance, (3) landfill or solid waste disposal area, (4) asbestos-containing materials, whether (5) "friable" asbestos (as defined in the nature Toxic Substances Control Act. 15 U.S.C. ss.2601 et seq., and the regulations promulgated thereunder), (6) electrical transformers, fluorescent light fixtures with ballasts or other equipment containing polychlorinated biphenyls (PCBs) in or at any real property occupied by the Stations or on which facilities owned, leased or otherwise used by Seller in the operation of thermal insulation products such as pipe boiler or breech coverings, wraps or blankets or sprayed-on or troweled-on products in, on or upon the Collateral; and (e) There is no urea formaldehyde foam insulation ("UFFI") in, on or upon the CollateralStations are located.