. The Borrower shall not, nor shall it permit any Subsidiary to, do, or permit any other Person to do, any of the following: # use any of the Real Estate or any portion thereof as a facility for the handling, processing, storage or disposal of Hazardous Materials except for quantities of Hazardous Materials used in the ordinary course of business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate any underground tank or other underground storage receptacle for Hazardous Materials except in compliance in all material respects with Environmental Laws, # generate any Hazardous Materials on any Property except in compliance in all material respects with Environmental Laws, # conduct any activity at any Property in any manner that could reasonably be contemplated to cause a Release of Hazardous Materials on, upon or into the Property or any surrounding properties or any threatened Release of Hazardous Materials which might give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Materials except in compliance in all material respects with Environmental Laws, except in each case (as to any of the [foregoing [clauses (a), (b), (c), (d) and (e)])])])])]])])])])]) where any such use, location of underground storage tank or storage receptacle, generation, conduct or other activity has not had and could not reasonably be expected to have a Material Adverse Effect.
. The Borrower shall not, norand shall itnot permit any Subsidiaryof its Subsidiaries to, do,directly or indirectly # use (or permit any other Persontenant to do,use) any of the following: # use any of the Real Estatetheir respective Properties or any portion thereof as a facilityassets for the handling, processing, storagestorage, transportation, or disposal of any Hazardous Materials except for quantities of Hazardous Materials used in the ordinary course of business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate any underground tank or other underground storage receptacle for Hazardous Materials except in compliance in all material respects with Environmental Laws,Material, # generate any Hazardous Materials on any Property exceptMaterial in compliance in all material respects withviolation of Environmental Laws, # conduct any activity atthat is likely to cause a Release or threatened Release of any PropertyHazardous Material in violation of Environmental Laws, or # otherwise conduct any activity or use any of their respective Properties or assets in any manner that could reasonably be contemplatedis likely to cause a Release of Hazardous Materials on, uponviolate any Environmental Law or into the Propertycreate any Environmental Liabilities for which Borrower or any surrounding properties or any threatened Release of Hazardous Materials which might give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Materials except in compliance in all material respects with Environmental Laws, except in each case (as to any of the [foregoing [clauses (a), (b), (c), (d) and (e)])])])])]])])])])]) where any such use, location of underground storage tank or storage receptacle, generation, conduct or other activity has not had and could not reasonablyits Subsidiaries would be expected to have a Material Adverse Effect.responsible.
Neither the Borrower shall not, nor shall it permit any Subsidiary to, do, or permit any other Person to do, any of the following: # use any of the Real Estateits Subsidiaries will generate, use, treat, store, Release or any portion thereof as a facility for the handling, processing, storage or disposaldispose of Hazardous Materials excepton any Real Property now or hereafter owned, leased or operated by the Borrower or any of its Subsidiaries or transport or arrange for quantitiestransport of Hazardous Materials usedto or from any such Real Property other than in compliance with applicable Environmental Laws and in the ordinary course of business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate any underground tank or other underground storage receptaclebusiness, except for Hazardous Materials except in compliance in all material respects with Environmental Laws, # generate any Hazardous Materials on any Property except in compliance in all material respects with Environmental Laws, # conduct any activity at any Property in any manner that could reasonably be contemplated to cause a Release of Hazardous Materials on, upon or into the Property or any surrounding properties or any threatened Release of Hazardous Materials which might give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Materials except in compliance in all material respects with Environmental Laws, except in each case (as to any of the [foregoing [clauses (a), (b), (c), (d) and (e)])])])])]])])])])]) where any such use, location of underground storage tank or storage receptacle, generation, conduct or other activity has not had and couldnoncompliance as is not reasonably be expectedlikely to have a Material Adverse Effect.
Section #11Environmental Protection. Borrower shall not, norand shall itnot permit any Subsidiaryof its Subsidiaries to, do,directly or indirectly # use (or permit any other Persontenant to do,use) any of the following: # use any of the Real Estatetheir respective Properties or any portion thereof as a facilityassets for the handling, processing, storagestorage, transportation, or disposal of any Hazardous Materials except for quantities of Hazardous Materials used in the ordinary course of business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate any underground tank or other underground storage receptacle for Hazardous Materials except in compliance in all material respects with Environmental Laws,Material, # generate any Hazardous Materials on any Property exceptMaterial in compliance in all material respects withviolation of Environmental Laws, # conduct any activity at any Property in any manner that could reasonably be contemplatedis likely to cause a Release of Hazardous Materials on, upon or into the Property or any surrounding properties or any threatened Release of any Hazardous Materials which might give rise to liability under CERCLA or any otherMaterial in violation of Environmental Law,Laws, or # directlyotherwise conduct any activity or indirectly transport or arrange for the transport of any Hazardous Materials except in compliance in all material respects with Environmental Laws, except in each case (as to any of the [foregoing [clauses (a), (b), (c), (d) and (e)])])])])]])])])])]) where any such use, location of underground storage tank or storage receptacle, generation, conduct or other activity has not had and could not reasonably be expected to have a Material Adverse Effect.
Section #11Environmental Protection. Borrower shall not, norand shall itnot permit any Subsidiaryof its Subsidiaries to, do,directly or indirectly # use (or permit any other Persontenant to do,use) any of the following: # use any of the Real Estatetheir respective Properties or any portion thereof as a facilityassets for the handling, processing, storagestorage, transportation, or disposal of any Hazardous Materials except for quantities of Hazardous Materials used in the ordinary course of business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate any underground tank or other underground storage receptacle for Hazardous Materials except in compliance in all material respects with Environmental Laws,Material, # generate any Hazardous Materials on any Property exceptMaterial in compliance in all material respects withviolation of Environmental Laws, # conduct any activity atthat is likely to cause a Release or threatened Release of any PropertyHazardous Material in violation of Environmental Laws, or # otherwise conduct any activity or use any of their respective Properties or assets in any manner that could reasonably be contemplatedis likely to cause a Release of Hazardous Materials on, uponviolate any Environmental Law or into the Propertycreate any Environmental Liabilities for which Borrower or any surrounding properties or any threatened Release of Hazardous Materials which might give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Materials except in compliance in all material respects with Environmental Laws, except in each case (as to any of the [foregoing [clauses (a), (b), (c), (d) and (e)])])])])]])])])])]) where any such use, location of underground storage tank or storage receptacle, generation, conduct or other activity has not had and could not reasonablyits Subsidiaries would be expected to have a Material Adverse Effect.responsible.
§8.6 Compliance with Environmental Laws. None of the Credit Parties will do any of the following: # use any of the Real Estate or any portion thereof as a facility for the handling, processing, storage or disposal of Hazardous MaterialsSubstances, except for quantities of Hazardous MaterialsSubstances used in the ordinary course of a Subsidiary Guarantor’s or its tenants’ business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate any underground tank or other underground storage receptacle for Hazardous MaterialsSubstances except in compliance in all material respectscompliance with Environmental Laws, # generate any Hazardous MaterialsSubstances on any Propertyof the Real Estate except in compliance in all material respectscompliance with Environmental Laws, # conduct any activity at any PropertyReal Estate or use any Real Estate in any manner that couldwould reasonably be contemplatedexpected to cause a Release of Hazardous MaterialsSubstances on, upon or into the PropertyReal Estate or any surrounding properties or any threatened Release of Hazardous Materials which mightwould reasonably be expected to give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Materials exceptSubstances (except in compliance inwith all material respects with Environmental Laws, except in each case (as to any of the [foregoing [clauses (a)Laws), (b), (c), (d) and (e)])])])])]])])])])]) whereexcept, any such use, location of underground storage tank or storage receptacle, generation, conduct or other activity has not had and coulddescribed in clauses # to # of this §8.6 would not reasonably be expected to have a Material Adverse Effect.
(i) No portion of the following: # useUnencumbered Properties is used by Borrower or Subsidiary Guarantors, or to the knowledge of Borrower or Subsidiary Guarantors, by any of the Real Estatetenant or any portion thereof as a facilityoperator thereon for the handling, processing, storage or disposal of Hazardous MaterialsSubstances except for quantities of Hazardous Materials used in the ordinary course of business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real Estate anyand no underground tank or other underground storage receptacle for Hazardous MaterialsSubstances is located on any portion of the Unencumbered Properties except those which are being operated and maintained, and, if required, remediated, in compliance with Environmental Laws; # in the course of any business activities conducted by the Borrower, their respective Subsidiaries or, to the Borrower’s actual knowledge, the tenants and operators of their properties, no Hazardous Substances have been generated or are being used on the Unencumbered Properties except in compliance in all material respects with Environmental Laws, # generate any Hazardous Materials on any Property exceptthe ordinary course of Borrower’s or Subsidiary Guarantors’ or their tenants and operators’ business and in compliance with applicable Environmental Laws; # to Borrower’s actual knowledge, there has been no past or present releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping (other than in all material respects with Environmental Laws, # conduct any activity at any Propertyreasonable quantities to the extent necessary in the ordinary course of operation of Borrower’s, Subsidiary Guarantors’, their tenants’ or operators’ business and, in any manner that could reasonably be contemplated to cause a Release of Hazardous Materials on, uponevent, in compliance with all Environmental Laws) (a “Release”) or into the Property or any surrounding properties or any threatened Release of Hazardous MaterialsSubstances on, upon, into or from the Unencumbered Properties, which might give riseRelease would reasonably be expected to liability under CERCLAhave a Material Adverse Effect; # to Borrower’s knowledge, there have been no Releases on, upon, from or into any other Environmental Law, or # directly or indirectly transport or arrange forreal property in the transportvicinity of any Hazardous Materials except in compliance in all material respects with Environmental Laws, except in each case (as to any of the [foregoing [clauses (a), (b), (c), (d)Unencumbered Properties which, through soil or groundwater contamination, have come to be located on the Unencumbered Properties, and (e)])])])])]])])])])]) wherewhich would be reasonably anticipated to have a Material Adverse Effect; and # to Borrower’s actual knowledge, any such use, locationHazardous Substances that have been generated on any of underground storage tank or storage receptacle, generation, conduct or other activity has not hadthe Unencumbered Properties have been transported off-site in accordance with all applicable Environmental Laws and couldin a manner that would not reasonably be expected to have a Material Adverse Effect.
Section # Hazardous Materials. The Borrower shallBorrowers will not, nor shall itand will not permit any Subsidiaryof their respective Subsidiaries or agents to, do, or permit any other Person to do, any of the following: # use any of the Real Estate or any portion thereof as a facility for the handling, processing, storage or disposal of Hazardous Materials except for quantities of Hazardous Materials used in the ordinary course of business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on anya Release or threat of the Real Estate any underground tank or other underground storage receptacle for Hazardous Materials except in compliance in all material respects with Environmental Laws, # generate any Hazardous Materials on any Property except in compliance in all material respects with Environmental Laws, # conduct any activity at any Property in any manner that could reasonably be contemplated to cause a Release of Hazardous Materials on, uponat, in, above, to, from or into the Property or any surrounding properties or any threatened Release of Hazardous Materials which might give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Materials except in compliance in all material respects with Environmental Laws, except in each case (as toabout any of the [foregoing [clauses (a), (b), (c), (d) and (e)])])])])]])])])])])property where such Release or threat of Release would # violate, or form the basis for any Environmental Claims under, any Environmental Law or any Environmental Permit or # otherwise adversely impact the value or marketability of any property of any Borrower or any of its Subsidiaries or any of the Collateral, other than such use, location of underground storage tankRelease, violation or storage receptacle, generation, conduct or other activity has not had andEnvironmental Claim as could not reasonably be expected to haveresult in a Material Adverse Effect.material Environmental Liability.
. The Borrower shall not, nor shall it permit any Subsidiary to, do, or permit any other Person to do,§8.6 Compliance with Environmental Laws. None of the Credit Parties will do any of the following: # use any of the Real EstateUnencumbered Properties or any portion thereof as a facility for the handling, processing, storage or disposal of Hazardous MaterialsSubstances, except for quantities of Hazardous MaterialsSubstances used in the ordinary course of a Subsidiary Guarantor’s or its tenants’ business and in material compliance with all applicable Environmental Laws, # cause or permit to be located on any of the Real EstateUnencumbered Properties any underground tank or other underground storage receptacle for Hazardous MaterialsSubstances except in compliance in all material respectscompliance with Environmental Laws, # generate any Hazardous MaterialsSubstances on any Propertyof the Unencumbered Properties except in compliance in all material respectscompliance with Environmental Laws, # conduct any activity at any PropertyUnencumbered Properties or use any Unencumbered Properties in any manner that couldwould reasonably be contemplatedexpected to cause a Release of Hazardous MaterialsSubstances on, upon or into the PropertyUnencumbered Properties or any surrounding properties or any threatened Release of Hazardous Materials which mightwould reasonably be expected to give rise to liability under CERCLA or any other Environmental Law, or # directly or indirectly transport or arrange for the transport of any Hazardous Materials exceptSubstances (except in compliance inwith all material respects with Environmental Laws, except in each case (as to any of the [foregoing clauses (a)Laws), (b), (c), (d) and (e)])])])])]) whereexcept, any such use, location of underground storage tank or storage receptacle, generation, conduct or other activity has not had and coulddescribed in clauses # to # of this §8.6 would not reasonably be expected to have a Material Adverse Effect.
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