RIGHT TO USE ALL THE DOMESTIC AND FOREIGN PATENTS, TRADEMARKS, SERVICE
MARKS, TRADE NAMES, DOMAIN NAMES, TECHNOLOGY, COPYRIGHTS, LICENSES, PERMITS,
FRANCHISES, INVENTIONS, FORMULAS, TRADE SECRETS, PROPRIETARY INFORMATION AND
KNOW-HOW OF ANY TYPE,
WHETHER OR NOT WRITTEN (INCLUDING, BUT NOT LIMITED TO,
COMPUTER PROGRAMS, DATABASES AND DATA COLLECTIONS) OR HAS RIGHTS WITH RESPECT TO
THE FOREGOING, AND HAS OBTAINED ASSIGNMENTS OF ALL LEASES AND LICENSES AND OTHER
RIGHTS OF WHATEVER NATURE, THAT ARE USED IN THE OPERATION OF EACH SUCH CREDIT
PARTY'S RESPECTIVE BUSINESS AS PRESENTLY CONDUCTED, WHERE THE FAILURE TO OWN,
HOLD SUCH RIGHTS OR OBTAIN SUCH ASSIGNMENTS IS REASONABLY LIKELY TO HAVE A
MATERIAL ADVERSE EFFECT.
6.16
ENVIRONMENTAL MATTERS.
(A)
EACH OF HOLDINGS AND ITS SUBSIDIARIES IS IN
COMPLIANCE WITH ALL APPLICABLE ENVIRONMENTAL LAWS GOVERNING ITS BUSINESS, AND
NEITHER HOLDINGS NOR ANY OF ITS SUBSIDIARIES IS LIABLE FOR ANY MATERIAL
PENALTIES, FINES OR FORFEITURES FOR FAILURE TO COMPLY WITH ANY OF THE FOREGOING
IN THE MANNER SET FORTH ABOVE, EXCEPT WHERE ANY SUCH FAILURE TO COMPLY OR ANY
LIABILITY FOR ANY SUCH PENALTIES, FINES OR FORFEITURES IS NOT REASONABLY LIKELY
TO RESULT IN A MATERIAL ADVERSE EFFECT.
ALL LICENSES, PERMITS, REGISTRATIONS OR
APPROVALS REQUIRED FOR THE BUSINESS OF HOLDINGS AND EACH OF ITS SUBSIDIARIES, AS
CONDUCTED AS OF THE RESTATEMENT EFFECTIVE DATE, UNDER ANY ENVIRONMENTAL LAW HAVE
BEEN SECURED AND EACH OF HOLDINGS AND ITS SUBSIDIARIES IS IN SUBSTANTIAL
COMPLIANCE THEREWITH, EXCEPT SUCH LICENSES, PERMITS, REGISTRATIONS OR APPROVALS
THE FAILURE TO SECURE OR TO COMPLY THEREWITH IS NOT REASONABLY LIKELY TO HAVE A
MATERIAL ADVERSE EFFECT.
NEITHER HOLDINGS NOR ANY OF ITS SUBSIDIARIES IS IN ANY
RESPECT IN NONCOMPLIANCE WITH, BREACH OF OR DEFAULT UNDER ANY APPLICABLE WRIT,
ORDER, JUDGMENT, INJUNCTION, OR DECREE TO WHICH HOLDINGS OR SUCH SUBSIDIARY IS A
PARTY OR WHICH COULD AFFECT THE ABILITY OF HOLDINGS OR SUCH SUBSIDIARY TO
OPERATE ANY REAL PROPERTY AND NO EVENT HAS OCCURRED AND IS CONTINUING WHICH,
WITH THE PASSAGE OF TIME OR THE GIVING OF NOTICE OR BOTH, WOULD REASONABLY BE
EXPECTED TO CONSTITUTE NONCOMPLIANCE, BREACH OF OR DEFAULT THEREUNDER, EXCEPT IN
EACH SUCH CASE, SUCH NONCOMPLIANCE, BREACHES OR DEFAULTS AS ARE NOT REASONABLY
LIKELY TO, IN THE AGGREGATE, HAVE A MATERIAL ADVERSE EFFECT.
THERE ARE AS OF
THE RESTATEMENT EFFECTIVE DATE NO ENVIRONMENTAL CLAIMS PENDING OR, TO THE BEST
KNOWLEDGE OF HOLDINGS AND THE BORROWER THREATENED, WHERE ANY DECISION, RULING OR
FINDING WITH RESPECT THERETO IS REASONABLY LIKELY TO HAVE A MATERIAL ADVERSE
44
EFFECT.
THERE ARE NO FACTS, CIRCUMSTANCES, CONDITIONS OR OCCURRENCES CONCERNING
THE BUSINESS OR OPERATIONS OF HOLDINGS OR ANY OF ITS SUBSIDIARIES, OR ANY REAL
PROPERTY AT ANY TIME OWNED OR OPERATED BY HOLDINGS OR ANY OF ITS SUBSIDIARIES
OR, TO THE KNOWLEDGE OF HOLDINGS OR THE BORROWER, ON ANY PROPERTY ADJACENT TO
ANY SUCH REAL PROPERTY THAT COULD REASONABLY BE EXPECTED (I) TO FORM THE BASIS
OF AN ENVIRONMENTAL CLAIM AGAINST HOLDINGS, ANY OF ITS SUBSIDIARIES OR ANY OF
THEIR RESPECTIVE REAL PROPERTY OR (II) TO CAUSE ANY SUCH CURRENTLY OWNED OR