MADE ON A TIMELY BASIS IN ACCORDANCE WITH THE TERMS OF SUCH PLANS AND
ALL APPLICABLE LAWS.
THERE HAVE BEEN NO IMPROPER WITHDRAWALS OR APPLICATIONS OF
THE ASSETS OF THE CANADIAN PENSION PLANS OR THE CANADIAN BENEFIT PLANS.
EXCEPT
AS SET FORTH ON SCHEDULE 3.14(B), AS OF THE DATE OF THE MOST RECENT ACTUARIAL
VALUATIONS WITH GOVERNMENTAL AUTHORITIES, NONE OF THE CANADIAN PENSION PLANS OR
THE CANADIAN BENEFIT PLANS HAS ANY UNFUNDED ACTUARIAL LIABILITIES OR SOLVENCY
DEFICIENCIES (WITHIN THE MEANING OF THE QUEBEC SUPPLEMENTAL PENSION PLANS ACT
AND OTHER APPLICABLE LAWS) IN AN AGGREGATE AMOUNT THAT COULD REASONABLY BE
EXPECTED TO RESULT IN A MATERIAL ADVERSE EFFECT.
SECTION 3.15. ENVIRONMENTAL AND SAFETY MATTERS.
(A)
EXCEPT AS SET FORTH ON SCHEDULE 3.15:
(I) EACH OF SSCC, THE BORROWER AND THE SUBSIDIARIES HAS OBTAINED ALL PERMITS,
LICENSES AND OTHER AUTHORIZATIONS THAT ARE REQUIRED AND MATERIAL WITH RESPECT TO
THE OPERATION OF THE BUSINESS OF SSCC AND THE SUBSIDIARIES, TAKEN AS A WHOLE,
UNDER ANY ENVIRONMENTAL LAW, AND EACH SUCH PERMIT, LICENSE AND AUTHORIZATION IS
IN FULL FORCE AND EFFECT, EXCEPT WHERE THE FAILURE THEREOF COULD NOT REASONABLY
BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
(II) EACH OF SSCC, THE BORROWER AND THE SUBSIDIARIES IS IN COMPLIANCE WITH ALL
MATERIAL TERMS AND CONDITIONS OF THE PERMITS, LICENSES AND AUTHORIZATIONS
SPECIFIED IN PARAGRAPH (A) ABOVE, AND ALSO IS IN COMPLIANCE WITH ALL OTHER
LIMITATIONS, RESTRICTIONS, CONDITIONS, STANDARDS, PROHIBITIONS, REQUIREMENTS,
OBLIGATIONS, SCHEDULES AND TIMETABLES CONTAINED IN OR PURSUANT TO ANY
ENVIRONMENTAL LAW APPLICABLE TO IT AND ITS BUSINESS, ASSETS, OPERATIONS AND
PROPERTIES, EXCEPT FOR ANY NONCOMPLIANCE THAT COULD NOT REASONABLY BE EXPECTED
TO HAVE A MATERIAL ADVERSE EFFECT.
(III) THERE IS NO CIVIL, CRIMINAL OR ADMINISTRATIVE ACTION, SUIT, DEMAND, CLAIM,
HEARING, NOTICE OF VIOLATION, INVESTIGATION, PROCEEDING, NOTICE OR DEMAND LETTER
OR REQUEST FOR INFORMATION PENDING OR, TO THE KNOWLEDGE OF SSCC OR THE BORROWER,
AFTER INQUIRY, THREATENED AGAINST SSCC, THE BORROWER OR ANY OF THE SUBSIDIARIES
UNDER ANY ENVIRONMENTAL LAW THAT COULD REASONABLY BE EXPECTED TO RESULT HAVE A
MATERIAL ADVERSE EFFECT.
(IV) NONE OF SSCC, THE BORROWER AND THE SUBSIDIARIES HAS RECEIVED NOTICE
(A) THAT IT HAS BEEN IDENTIFIED AS A POTENTIALLY RESPONSIBLE PARTY UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED ("CERCLA") OR ANY COMPARABLE STATE LAW OR CANADIAN FEDERAL
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OR PROVINCIAL LAW THAT ANY HAZARDOUS SUBSTANCES OR ANY POLLUTANT OR CONTAMINANT,
AS DEFINED IN CERCLA AND ITS IMPLEMENTING REGULATIONS, OR ANY TOXIC SUBSTANCE,
HAZARDOUS WASTE, HAZARDOUS CONSTITUENTS, HAZARDOUS MATERIALS, ASBESTOS OR
ASBESTOS CONTAINING MATERIAL, POLYCHLORINATED BIPHENYLS, PETROLEUM, INCLUDING
CRUDE OIL AND ANY FRACTIONS THEREOF, OR OTHER WASTES, CHEMICALS, SUBSTANCES OR
MATERIALS REGULATED BY ANY ENVIRONMENTAL LAWS (COLLECTIVELY, "HAZARDOUS
MATERIALS") THAT IT OR ANY OF THEIR RESPECTIVE PREDECESSORS IN INTEREST HAS
USED, GENERATED, STORED, TESTED, HANDLED, TRANSPORTED OR DISPOSED OF, HAS BEEN
FOUND AT ANY SITE AT WHICH ANY GOVERNMENTAL AUTHORITY OR PRIVATE PARTY IS
CONDUCTING A REMEDIAL INVESTIGATION OR OTHER ACTION PURSUANT TO ANY
ENVIRONMENTAL LAW OR (B) OTHERWISE ALLEGING THAT IT HAS ANY