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:

Condition (as such term is defined in ASTM [[Unknown Identifier]] or its successor) at the related Mortgaged Property.

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

Environmental Compliance; Permits. The Loan Parties and their respective Restricted Subsidiaries conduct in the ordinary course of business and consistent with past practices a review of the effect of existing and proposed material Environmental Laws and known or suspected Environmental Liabilities on their respective businesses, operations and properties, and as a result thereof the Partnership has reasonably concluded that such Environmental Liabilities could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Environmental Indemnity Agreement. On the Effective Date, each Credit Party shall have duly authorized, executed, and delivered an Environmental Indemnity Agreement in the form of [Exhibit H] (as amended, modified or supplemented from time to time, the “Environmental Indemnity Agreement”).

Certain Environmental Expenses. Adjusted Cash Flow for each fiscal period during the Performance Period shall be adjusted to eliminate any fines, penalties, fees, costs and other cash expenses incurred in connection with the Portland Harbor Superfund Site and the other environmental matters listed as adjustments in the Company’s Fiscal 2017 Operating Targets Environmental Adjustments document dated November 1, 2016 (net of any insurance or other reimbursements thereof).