APPLICABLE ENVIRONMENTAL
LAWS.
(B)
THE BORROWER AND THE SUBSIDIARIES HAVE OBTAINED ALL ENVIRONMENTAL
PERMITS REQUIRED FOR THEIR RESPECTIVE OPERATIONS AND EACH OF THEIR PROPERTIES,
WITH ALL SUCH ENVIRONMENTAL PERMITS BEING CURRENTLY IN FULL FORCE AND EFFECT,
AND NONE OF BORROWER OR THE SUBSIDIARIES HAS RECEIVED ANY WRITTEN NOTICE OR
OTHERWISE HAS KNOWLEDGE THAT ANY SUCH EXISTING ENVIRONMENTAL PERMIT WILL BE
REVOKED OR THAT ANY APPLICATION FOR ANY NEW ENVIRONMENTAL PERMIT OR RENEWAL OF
ANY EXISTING ENVIRONMENTAL PERMIT WILL BE PROTESTED OR DENIED.
(C)
THERE ARE NO CLAIMS, DEMANDS, SUITS, ORDERS, INQUIRIES, OR
PROCEEDINGS CONCERNING ANY VIOLATION OF, OR ANY LIABILITY (INCLUDING AS A
POTENTIALLY RESPONSIBLE PARTY) UNDER, ANY APPLICABLE ENVIRONMENTAL LAWS THAT IS
PENDING OR, TO BORROWER'S KNOWLEDGE, THREATENED AGAINST THE BORROWER OR ANY
SUBSIDIARY OR ANY OF THEIR RESPECTIVE PROPERTIES OR AS A RESULT OF ANY
OPERATIONS AT SUCH PROPERTIES.
(D)
NONE OF THE PROPERTIES OF THE BORROWER OR ANY SUBSIDIARY CONTAIN
OR HAVE CONTAINED ANY:
(I) UNDERGROUND STORAGE TANKS; (II) ASBESTOS-CONTAINING
MATERIALS; (III) LANDFILLS OR DUMPS; (IV) HAZARDOUS WASTE MANAGEMENT UNITS AS
DEFINED PURSUANT TO RCRA OR ANY COMPARABLE STATE LAW; OR (V) SITES ON OR
NOMINATED FOR THE NATIONAL PRIORITY LIST PROMULGATED PURSUANT TO CERCLA OR ANY
STATE REMEDIAL PRIORITY LIST PROMULGATED OR PUBLISHED PURSUANT TO ANY COMPARABLE
STATE LAW.
(E)
THERE HAS BEEN NO RELEASE OR, TO THE BORROWER'S KNOWLEDGE,
THREATENED RELEASE, OF HAZARDOUS MATERIALS AT, ON, UNDER OR FROM THE BORROWER'S
OR ANY SUBSIDIARY'S PROPERTIES, THERE ARE NO INVESTIGATIONS, REMEDIATIONS,
ABATEMENTS, REMOVALS, OR MONITORINGS OF HAZARDOUS MATERIALS REQUIRED UNDER
APPLICABLE ENVIRONMENTAL LAWS AT SUCH PROPERTIES AND, TO THE KNOWLEDGE OF THE
BORROWER, NONE OF SUCH PROPERTIES ARE ADVERSELY AFFECTED BY ANY RELEASE OR
THREATENED RELEASE OF A HAZARDOUS MATERIAL ORIGINATING OR EMANATING FROM ANY
OTHER REAL PROPERTY.
(F)
NEITHER THE BORROWER NOR ANY SUBSIDIARY HAS RECEIVED ANY WRITTEN
NOTICE ASSERTING AN ALLEGED LIABILITY OR OBLIGATION UNDER ANY APPLICABLE
ENVIRONMENTAL LAWS WITH RESPECT TO THE INVESTIGATION, REMEDIATION, ABATEMENT,
REMOVAL, OR MONITORING OF ANY HAZARDOUS MATERIALS AT, UNDER, OR RELEASED OR
THREATENED TO BE RELEASED FROM ANY REAL PROPERTIES OFFSITE THE BORROWER'S OR ANY
SUBSIDIARY'S PROPERTIES AND, TO THE BORROWER'S KNOWLEDGE, THERE ARE NO
CONDITIONS OR CIRCUMSTANCES THAT COULD REASONABLY BE EXPECTED TO RESULT IN THE
RECEIPT OF SUCH WRITTEN NOTICE.
(G)
THERE HAS BEEN NO EXPOSURE OF ANY PERSON OR PROPERTY TO ANY
HAZARDOUS MATERIALS AS A RESULT OF OR IN CONNECTION WITH THE OPERATIONS AND
BUSINESSES OF ANY OF THE BORROWER'S OR THE SUBSIDIARIES' PROPERTIES THAT COULD
REASONABLY BE EXPECTED TO FORM THE BASIS FOR A CLAIM FOR DAMAGES OR
COMPENSATION.
(H)
THE BORROWER AND THE SUBSIDIARIES HAVE PROVIDED TO THE LENDERS
COMPLETE AND CORRECT COPIES OF ALL ENVIRONMENTAL SITE ASSESSMENT REPORTS,
INVESTIGATIONS, STUDIES, ANALYSES,
59
AND CORRESPONDENCE ON ENVIRONMENTAL MATTERS (INCLUDING MATTERS RELATING TO ANY
ALLEGED NON-COMPLIANCE WITH OR LIABILITY UNDER ENVIRONMENTAL LAWS) THAT ARE IN
ANY OF THE BORROWER'S OR THE SUBSIDIARIES' POSSESSION OR CONTROL AND RELATING TO
THEIR RESPECTIVE PROPERTIES OR OPERATIONS THEREON.
SECTION 7.07
COMPLIANCE WITH THE LAWS AND AGREEMENTS;