THE BORROWER NOR ANY GUARANTOR IS SUBJECT TO THE
REQUIREMENTS OF ERISA.
SECTION 3.14
DEFAULT.
THE BORROWER IS IN COMPLIANCE WITH ALL PROVISIONS OF ALL
AGREEMENTS, INSTRUMENTS, DECREES AND ORDERS TO WHICH IT IS A PARTY OR BY WHICH
IT OR ITS PROPERTY IS BOUND OR AFFECTED, THE BREACH OR DEFAULT OF WHICH MAY
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
SECTION 3.15
ENVIRONMENTAL MATTERS.
(A)
EXCEPT AS DISCLOSED ON SCHEDULE 3.15, THERE
ARE NOT PRESENT IN, ON OR UNDER THE FACILITIES ANY HAZARDOUS SUBSTANCES IN SUCH
FORM OR QUANTITY AS TO CREATE ANY MATERIAL LIABILITY OR OBLIGATION FOR ANY OF
THE BORROWER, ANY GUARANTOR OR THE LENDER UNDER THE COMMON LAW OF ANY
JURISDICTION OR UNDER ANY ENVIRONMENTAL LAW, AND NO HAZARDOUS SUBSTANCES HAVE
EVER BEEN STORED, BURIED, SPILLED, LEAKED, DISCHARGED, EMITTED OR RELEASED IN,
ON OR UNDER THE FACILITIES IN SUCH A WAY AS TO CREATE ANY SUCH MATERIAL
LIABILITY.
(B)
EXCEPT AS DISCLOSED ON SCHEDULE 3.15,
NEITHER THE BORROWER NOR ANY GUARANTOR HAS DISPOSED OF HAZARDOUS SUBSTANCES IN
SUCH A MANNER AS TO CREATE ANY MATERIAL LIABILITY UNDER ANY ENVIRONMENTAL LAW.
(C)
EXCEPT AS DISCLOSED ON SCHEDULE 3.15, THERE
HAVE NOT EXISTED IN THE PAST, NOR ARE THERE ANY THREATENED OR IMPENDING
REQUESTS, CLAIMS, NOTICES, INVESTIGATIONS, DEMANDS, ADMINISTRATIVE PROCEEDINGS,
HEARINGS OR LITIGATION RELATING IN ANY WAY TO THE FACILITIES, THE BORROWER OR
ANY GUARANTOR, ALLEGING MATERIAL LIABILITY
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UNDER, VIOLATION OF, OR NONCOMPLIANCE WITH ANY ENVIRONMENTAL LAW OR ANY LICENSE,
PERMIT OR OTHER AUTHORIZATION ISSUED PURSUANT THERETO.
(D)
EXCEPT AS DISCLOSED ON SCHEDULE 3.15, THE
BORROWER'S AND GUARANTORS' BUSINESS IS AND HAS IN THE PAST ALWAYS BEEN CONDUCTED
IN ACCORDANCE WITH ALL ENVIRONMENTAL LAWS AND ALL LICENSES, PERMITS AND OTHER
AUTHORIZATIONS REQUIRED PURSUANT TO ANY ENVIRONMENTAL LAW AND NECESSARY FOR THE
LAWFUL AND EFFICIENT OPERATION OF SUCH BUSINESS ARE IN THE BORROWER'S OR A
GUARANTOR'S POSSESSION AND ARE IN FULL FORCE AND EFFECT, NOR HAS BORROWER OR ANY
GUARANTOR BEEN DENIED INSURANCE ON GROUNDS RELATED TO POTENTIAL ENVIRONMENTAL
LIABILITY.
NO PERMIT REQUIRED UNDER ANY ENVIRONMENTAL LAW IS SCHEDULED TO
EXPIRE WITHIN 12 MONTHS AND THERE IS NO THREAT THAT ANY SUCH PERMIT WILL BE
WITHDRAWN, TERMINATED, LIMITED OR MATERIALLY CHANGED.
(E)
EXCEPT AS DISCLOSED ON SCHEDULE 3.15, NO
PART OF THE FACILITIES IS OR EVER HAS BEEN LISTED ON THE NATIONAL PRIORITIES
LIST, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY
INFORMATION SYSTEM OR ANY SIMILAR FEDERAL, STATE OR LOCAL LIST, SCHEDULE, LOG,
INVENTORY OR DATABASE.
(F)
THE BORROWER HAS DELIVERED TO THE LENDER
ALL ENVIRONMENTAL ASSESSMENTS, AUDITS, REPORTS, PERMITS, LICENSES AND OTHER
DOCUMENTS DESCRIBING OR RELATING IN ANY WAY TO THE FACILITIES OR THE BORROWER'S
AND GUARANTORS' BUSINESS.
SECTION 3.16
SUBMISSIONS TO LENDER.
ALL FINANCIAL AND OTHER INFORMATION
PROVIDED TO THE LENDER BY OR ON BEHALF OF THE BORROWER IN CONNECTION WITH THE
BORROWER'S REQUEST FOR THE CREDIT FACILITIES CONTEMPLATED HEREBY (I) IS TRUE AND
CORRECT IN ALL MATERIAL RESPECTS, (II) DOES NOT OMIT ANY MATERIAL FACT NECESSARY
TO MAKE SUCH INFORMATION NOT MISLEADING