Company, threatened claim, action, suit or other legal proceeding under any Environmental Laws (Environmental Claim) against the Company or its subsidiaries or against any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law;
(ii) to the knowledge of the Company, there are no Environmental Laws enacted since January 1, 2018 or unsatisfied conditions in any Environmental Permit that, individually or in the aggregate, can reasonably be expected to require any material capital expenditures in the current year or the next three (3) years to maintain the Companys or any of its subsidiaries compliance with Environmental Laws or with their respective Environmental Permits;
(iii) the Company and its subsidiaries do not rely on any third party for any indemnity for, or the contractual assumption of, any material known current or anticipated remediation obligation or liability under Environmental Law, and the Company does not have reasonable cause to believe that any such third party will default in its obligation to comply with such indemnity or contractual assumption; and
(iv) the Company does not have reasonable cause to believe that any third party insurer will default in its obligation to comply with any insurance coverage with respect to any material known current or anticipated remediation obligation or liability of the Company or any of its subsidiaries under Environmental Law.
As used in this paragraph, Environmental Laws means any federal, state, local, and foreign laws, statutes, ordinances, rules, regulations, directives, requirements and common law, and any legally enforceable administrative or judicial interpretation, order, consent, decree or judgment thereof, relating to pollution or the protection of human health from exposure to Hazardous Substances or the environment, including, without limitation, those relating to, regulating, or imposing liability or standards of conduct concerning (i) noise or odor, (ii) emissions, discharges, releases or threatened releases of Hazardous Substances into ambient air, surface water, groundwater, land surface or subsurface strata, (iii) the generation, manufacture, processing, distribution, use, treatment, storage, disposal, release, transport or handling of, or exposure to, Hazardous Substances, (iv) the protection of wildlife or endangered or threatened species, or (v) the investigation, remediation or cleanup of, or exposure to, any Hazardous Substances. As used in this paragraph, Hazardous Substances means chemicals, substances, materials, constituents or wastes regulated, listed, or defined as pollutants, contaminants or hazardous, radioactive or toxic or words of similar import pursuant to Environmental Laws, including petroleum, petroleum products and their breakdown constituents, asbestos and asbestos-containing materials, lead-based paint, or polychlorinated biphenyls.
x) No Undisclosed Material Action or Proceeds. Except as disclosed in the Disclosure Package and the Prospectus, there are no pending actions, suits or proceedings against or affecting the Company, any subsidiary of the Company or any of their respective properties that, if determined adversely to the Company or any subsidiary of the Company, would, individually or in the aggregate, have a Material Adverse Effect; and no such actions, suits or proceedings are, to the Companys knowledge, threatened or contemplated. There are no legal or governmental actions, suits or proceedings pending or, to Companys knowledge, threatened that are required to be disclosed in the Registration Statement, the Prospectus or the Disclosure Package and are not so disclosed.
y) Financial Statements and Financial Information. The consolidated financial statements of the Company and its consolidated subsidiaries, together with the related notes thereto included or incorporated by reference in the Registration Statement, the Disclosure Package and the Prospectus, present fairly in all material respects the financial position of the Company and its consolidated