Common use of Pollution and Environmental Control Clause in Contracts

Pollution and Environmental Control. Except as disclosed on Schedule 4.7, with respect to each Financed Convenience Store Location (i) the business operations of Borrower comply in all material respects with all applicable Environmental Laws; (ii) Borrower has obtained all environmental, health and safety Permits necessary for the operation of Borrower's business; and all such Permits are valid, and in good standing and Borrower is in compliance in all respects with all terms and conditions of such Permits; (iii) Borrower is not subject to any outstanding written order or agreement with any Governmental Authority or with any private Person respecting (a) any Environmental Laws, (b) any Remedial Actions, or (c) any Environmental Claims arising from the Release of a Contaminant into the environment; (iv) none of the operations of Borrower is subject to any judicial or administrative proceeding alleging a violation of any Environmental Law; (v) none of the operations of Borrower is the subject of any federal or state investigation evaluating whether any Remedial Action is needed to respond to a Release of any Contaminant into the environment under any applicable law; (vi) except as disclosed on environmental reports delivered to Borrower and/or Lender, neither Borrower nor to the best of Borrower's knowledge, any predecessor of Borrower has filed any notice under any federal or state law indicating past or present treatment, storage, or disposal of a hazardous waste or reporting a spill or Release of a Contaminant into the

Pollution and Environmental Control. Except as disclosed on Schedule 4.7, with respect to each Financed Convenience Store Location (i) the business operations of Borrower each Loan Party comply in all material respects with all applicable Environmental Laws; (ii) Borrower each Loan Party has obtained all environmental, health and safety Permits necessary for the operation of Borrowersuch Loan Party's business; and all such Permits are valid, and in good standing and Borrower Borrowers is in compliance in all respects with all terms and conditions of such Permits; (iii) Borrower Borrowers is not subject to any outstanding written order or agreement with any Governmental Authority or with any private Person respecting (a) any Environmental Laws, (b) any Remedial Actions, or (c) any Environmental Claims arising from the Release of a Contaminant into the environment; (iv) none of the operations of Borrower Borrowers is subject to any judicial or administrative proceeding alleging a violation of any Environmental Law; (v) none of the operations of Borrower any Loan Party is the subject of any federal or state investigation evaluating whether any Remedial Action is needed to respond to a Release of any Contaminant into the environment under any applicable law; (vi) except as disclosed on environmental reports delivered to Borrower and/or any Loan Party, Lender, neither Borrower nor no Loan Party or to the best of Borrowerany Loan Party's knowledge, any no predecessor of Borrower any Loan Party has filed any notice under any federal or state law indicating past or present treatment, storage, or disposal of a hazardous waste or reporting a spill or Release of a Contaminant into thethe environment under any applicable law; (vii) no Loan Party Borrowers has any known contingent liability in connection with any Release of any Contaminant into the environment; (viii) the Loan Parties' operations do not involve the generation, transportation, treatment or disposal of any hazardous waste, as defined under 40 C.F.R. Parts 260-270 or any state equivalent (other than any done in compliance with all Environmental Laws); (ix) no Loan Party has disposed of any Contaminant by placing it in or on the ground, ground water or surface water, and, to the best of the Loan Parties' knowledge, neither has any lessee, prior owner, or other Person; and (x) no Lien in favor of any Governmental Authority for (A) any liability under Environmental Laws or regulations, or (B) damages arising from or costs incurred by such Governmental Authority in response to a Release of a Contaminant into the environment, has been filed or attached.