Environmental. Parent will, and will cause each of its Restricted Subsidiaries to,

Keep any property either owned or operated by Borrowers or their Subsidiaries free of any Environmental Liens or post bonds or other financial assurances sufficient to satisfy the obligations or liability evidenced by such Environmental Liens,

Environmental. As soon as possible and in any event within 15 days after receipt by the Company, a copy of # any notice or claim to the effect that the Company or any of its Subsidiaries is or may be liable to any Person as a result of the Release by the Company, any of its Subsidiaries, or any other Person of any Contaminant into the environment and # any notice alleging any violation of any Environmental Law by the Company or any of its Subsidiaries, which, in either case, could reasonably be expected to have a Material Adverse Effect;

Environmental. The Company or any of its Subsidiaries shall # be the subject of any proceeding or investigation pertaining to the Release by the Company, any of its Subsidiaries or any other Person of Contaminant into the environment or # violate any Environmental Law, which, in the case of an event described in the [foregoing [clause (i) or (ii)])]])], could reasonably be expected to result in liability, individually or in the aggregate, having a Material Adverse Effect.

Environmental. Except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, # neither the Company nor any of its Subsidiaries is in violation of any Environmental Laws, # there are no pending or, to the knowledge of the Company, threatened, administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigations or proceedings relating to any Environmental Law against the Company or any of its Subsidiaries, and # to the knowledge of the Company, there are no events or circumstances that would reasonably be expected to form the basis of an order for clean-up or remediation, or an action, suit or proceeding by any private party or Governmental Entity, against or affecting the Company or any of its Subsidiaries relating to Hazardous Materials or any Environmental Laws. No Property is or, to the Company’s knowledge, has been a site for the use, generation, manufacture, storage, treatment, release, threatened release, discharge, disposal, transportation or presence of any Hazardous Materials and neither the Company nor any of its Subsidiaries has engaged in such activities.

“Claims” has the meaning set forth in the definition of “Environmental Claims.”

Environmental Compliance. The Borrowers shall, at their sole cost and expense, comply with (and cause any Tenant and other user of any Property to comply with) any directive applicable to or relating to any Property from any Governmental Authority, including, without limitation, the obligations set forth on [Schedule 5.1.27] attached hereto.

#​ acknowledges that ​ encourages each ​ with which it enters into an agreement for the provision of goods or services to use, consistent with the efficient performance of such agreements, recycled paper goods and other environmentally preferable products, and to implement and adhere to other environmentally beneficial policies and practices. ​ represents and warrants that ​ uses environmentally beneficial practices specific to its industry that meet at least the minimum standard recommended for its industry. Upon ​’s request, ​ will provide written information on its environmental policies and procedures.

Environmental Compliance. The Company and its Subsidiaries conduct in the ordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof the Company has reasonably concluded that such Environmental Laws and claims could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Environmental Matters. In the ordinary course of its business, ​ considers the effect of Environmental Laws on the business of ​ and its Subsidiaries, in the course of which it identifies and evaluates potential risks and liabilities accruing to ​ due to Environmental Laws. On the basis of this consideration, ​ has concluded that Environmental Laws cannot reasonably be expected to result in liability, individually or in the aggregate, having a Material Adverse Effect. Neither ​ nor any Subsidiary has received any notice to the effect that its operations are not in material compliance with any of the requirements of applicable Environmental Laws or are the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could reasonably be expected to result in liability, individually or in the aggregate, having a Material Adverse Effect.

Environmental Compliance. ​ will, and will cause each Subsidiary to, comply with all Environmental Laws, except where noncompliance could not reasonably be expected to subject ​ or any of its Subsidiaries to liability, individually or in the aggregate, having a Material Adverse Effect. ​ will, and will cause each Subsidiary to, upon the Administrative Agent’s written reasonable request, # cause the performance of such environmental audits and testing, and preparation of such environmental reports, at ​’s expense, as the Administrative Agent may from time to time reasonably request with respect to any parcel of real Property subject to a Mortgage, which shall be conducted by Persons reasonably acceptable to the Administrative Agent and shall be in form and substance reasonably acceptable to the Administrative Agent, and # permit the Administrative Agent or its representatives to have access to all such real Property for the purpose of conducting, at ​’s expense, such environmental audits and testing as the Administrative Agent shall reasonably deem appropriate; provided, that if a Phase I or other environmental report with respect to any such parcel of real Property has been completed to the reasonable satisfaction of the Administrative Agent, then no other environmental audits, testing or reports shall be required for such parcel of real Property during the term of this Agreement.

Environmental Laws. (i) the Company and its Subsidiaries # are in compliance with any and all Environmental Laws (as defined below), # have received all permits, licenses or other approvals required of them under applicable Environmental Laws to conduct their respective businesses and # are in compliance with all terms and conditions of any such permit, license or approval where, in each of the [foregoing [clauses (A), (B) and (C)])])]])])], the failure to so comply could be reasonably expected to have, individually or in the aggregate, a Material Adverse Effect. The term “Environmental Laws” means all federal, state, local or foreign laws relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata), including, without limitation, laws relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, or toxic or hazardous substances or wastes (collectively, “Hazardous Materials”) into the environment, or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials, as well as all authorizations, codes, decrees, demands or demand letters, injunctions, judgments, licenses, notices or notice letters, orders, permits, plans or regulations issued, entered, promulgated or approved thereunder.

Except as set forth on [Section 4.12(a)] of the Company Disclosure Schedule:

Except as otherwise set forth on [Schedule 6.09], neither any Loan Party nor any Restricted Subsidiary is subject to any pending or threatened Environmental Claims or Environmental Liabilities which could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Section # Environmental Compliance. The Borrower, the Parent and each Consolidated Entity conduct in the ordinary course of business in connection with the purchase of real estate a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on or with respect to such properties, and as a result thereof the Loan Parties have reasonably concluded that, except as specifically disclosed in [Schedule 5.09] (as amended by any Compliance Certificate or Request for Credit Extension containing supplemental information thereto), any violation of such Environmental Laws and claims would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

SECTION # CONDITIONS PRECEDENT 39