ACTS OF GOD.
NEITHER THE BUSINESS NOR THE
PROPERTIES OF ANY OBLIGOR ARE AFFECTED BY ANY FIRE, EXPLOSION, ACCIDENT, STRIKE,
LOCKOUT OR OTHER LABOR DISPUTE, DROUGHT, STORM, HAIL, EARTHQUAKE, EMBARGO, ACT
OF GOD OR OF THE PUBLIC ENEMY OR OTHER CASUALTY (WHETHER OR NOT COVERED BY
INSURANCE).
SECTION 8.14.
GOVERNMENTAL REGULATION.
NO OBLIGOR IS SUBJECT TO REGULATION
UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935, THE INVESTMENT COMPANY ACT
OF 1940, THE INTERSTATE COMMERCE ACT, THE FEDERAL POWER ACT OR ANY STATUTE OR
REGULATION LIMITING ITS ABILITY TO INCUR INDEBTEDNESS FOR MONEY BORROWED AS
CONTEMPLATED HEREBY.
SECTION 8.15.
PARTNERSHIPS.
NO OBLIGOR IS A PARTNER IN ANY PARTNERSHIP.
SECTION 8.16.
ENVIRONMENTAL PROTECTION.
(I)
EACH OBLIGOR HAS OBTAINED ALL
APPROVALS AND PERMITS REQUIRED UNDER ALL ENVIRONMENTAL LAWS AND SUCH APPROVALS
AND PERMITS ARE IN GOOD STANDING.
EACH OBLIGOR IS IN COMPLIANCE WITH ALL
ENVIRONMENTAL LAWS AND THE TERMS AND CONDITIONS OF SUCH APPROVALS AND PERMITS,
AND IS ALSO IN COMPLIANCE WITH ALL OTHER LIMITATIONS, RESTRICTIONS, CONDITIONS,
STANDARDS, PROHIBITIONS, REQUIREMENTS, OBLIGATIONS, SCHEDULES AND TIMETABLES
CONTAINED IN THOSE LAWS.
(II)
NO ENVIRONMENTAL LIEN HAS ATTACHED TO THE BRATTLEBORO COLLATERAL.
80
(III)
NONE OF THE REAL ESTATE OR ANY OTHER PROPERTY OWNED OR LEASED BY
ANY OBLIGOR IS LISTED OR PROPOSED FOR LISTING ON THE NATIONAL PRIORITIES LIST
PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY
ACT, AS AMENDED, OR LISTED ON THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY INFORMATION SYSTEM LIST OR ANY SIMILAR STATE LIST OF
SITES, AND FIBERMARK OFFICE IS NOT AWARE OF ANY CONDITIONS AT THE REAL ESTATE
WHICH, IF KNOWN TO A GOVERNMENTAL AUTHORITY, WOULD QUALIFY SUCH REAL ESTATE FOR
INCLUSION ON ANY SUCH LIST.
EXCEPT AS DISCLOSED IN SCHEDULE 8.16 OR FOR MATTERS THAT, EITHER INDIVIDUALLY OR
IN THE AGGREGATE, CANNOT REASONABLY BE EXPECTED TO AFFECT, EXCEPT TO AN
IMMATERIAL EXTENT, ANY OBLIGOR, OR ITS BUSINESS, RESULTS OF OPERATIONS,
CONDITION (FINANCIAL OR OTHERWISE), PROSPECTS, PROFITABILITY, ASSETS, OPERATIONS
OR PROPERTY:
(A)
NO OBLIGOR IS SUBJECT TO ANY PLAN, ORDER, WRIT, DECREE, JUDGMENT,
SETTLEMENT OR INJUNCTION ISSUED, ENTERED INTO, PROMULGATED OR APPROVED UNDER OR
IN CONNECTION WITH ANY ENVIRONMENTAL LAWS OR ANY ENVIRONMENTAL DISCHARGES;
(B)
NO OBLIGOR HAS RECEIVED ANY ENVIRONMENTAL NOTICE;
(C)
THERE HAVE BEEN NO ENVIRONMENTAL DISCHARGES AT, TO, OR FROM THE REAL ESTATE
OR ANY OBLIGORS OTHER PROPERTY OR FACILITIES OR OPERATIONS, EXCEPT SUCH
ENVIRONMENTAL DISCHARGES AS HAVE OCCURRED PURSUANT TO AND IN FULL COMPLIANCE
WITH ALL ENVIRONMENTAL LAWS AND APPROVALS AND PERMITS ISSUED THEREUNDER;
(D)
THERE ARE NOT AND, TO THE KNOWLEDGE OF EACH OBLIGOR, HAVE NEVER BEEN ANY
HAZARDOUS MATERIALS PRESENT AT THE REAL PROPERTY OR OTHER PROPERTIES, FACILITIES
OR OPERATIONS OF ANY OBLIGOR, EXCEPT SUCH HAZARDOUS MATERIALS AS ARE AND WERE
MANAGED PURSUANT TO AND IN FULL COMPLIANCE WITH ALL ENVIRONMENTAL LAWS AND
APPROVALS AND PERMITS ISSUED THEREUNDER;
(E)
NO OBLIGOR HAS ANY ACTUAL OR CONTINGENT LIABILITY IN CONNECTION WITH ANY
ENVIRONMENTAL DISCHARGES AT ANY LOCATION, INCLUDING, WITHOUT LIMITATION, THE
REAL PROPERTY, ANY SITE TO WHICH AN OBLIGOR HAS TRANSPORTED OR ARRANGED