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.
(B)
EACH OF SSCC AND THE SUBSIDIARIES IS IN COMPLIANCE WITH ALL MATERIAL TERMS
AND CONDITIONS OF THE PERMITS, LICENSES AND AUTHORIZATIONS SPECIFIED IN
PARAGRAPH (A) ABOVE, AND IS ALSO IN COMPLIANCE WITH ALL OTHER LIMITATIONS,
RESTRICTIONS, CONDITIONS, STANDARDS, PROHIBITIONS, REQUIREMENTS, OBLIGATIONS,
SCHEDULES AND TIMETABLES CONTAINED IN 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.
(C)
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 EITHER
BORROWER, AFTER INQUIRY, THREATENED AGAINST EITHER BORROWER OR ANY OF THE
SUBSIDIARIES UNDER ANY ENVIRONMENTAL LAW THAT COULD REASONABLY BE EXPECTED TO
RESULT HAVE A MATERIAL ADVERSE EFFECT.
(D)
NEITHER SSCC NOR ANY OF THE SUBSIDIARIES HAS RECEIVED NOTICE 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 OR PROVINCIAL LAW OR
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
95
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, EXCEPT FOR ANY SUCH NOTICES THAT COULD
NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
(E)
THERE HAVE BEEN NO RELEASES OR THREATENED RELEASES OF HAZARDOUS MATERIALS
BY SSCC OR ANY OF THE SUBSIDIARIES ON, UPON, INTO OR FROM ANY OF THE REAL
PROPERTIES, WHICH RELEASES OR THREATENED RELEASES COULD REASONABLY BE EXPECTED
TO HAVE A MATERIAL ADVERSE EFFECT.
TO THE BEST KNOWLEDGE OF SSCC AND EACH
BORROWER, THERE HAVE BEEN NO SUCH RELEASES OR THREATENED RELEASES ON, UPON,
UNDER OR INTO ANY REAL PROPERTY IN THE VICINITY OF ANY OF THE REAL PROPERTIES
THAT, THROUGH SOIL, SURFACE WATER OR GROUNDWATER MIGRATION OR CONTAMINATION, MAY
BE LOCATED ON, IN OR UNDER SUCH REAL PROPERTIES AND WHICH COULD REASONABLY BE
EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
(F)
TO THE BEST KNOWLEDGE OF SSCC AND EACH BORROWER, THERE IS NO ASBESTOS IN,
ON, OR AT ANY REAL PROPERTIES OR ANY FACILITY OR EQUIPMENT OF SSCC OR ANY OF THE
SUBSIDIARIES, EXCEPT TO THE EXTENT THAT THE PRESENCE OF, OR EXPOSURE TO, SUCH
MATERIAL COULD NOT REASONABLY BE EXPECTED