Environmental Matters

Environmental Matters. Except as disclosed in the Elberton Disclosure Schedule, to Elberton's Knowledge, Elberton is not in violation of any Environmental Law at any properties it owns or operates (a "Violation"), and no properties owned or operated by Elberton, for which Elberton could be subject to any liability under any Environmental Law, are in or contain such condition or conditions, including the presence of any Hazardous Materials thereon, thereat or thereunder, that would constitute a basis of liability under any Environmental Law (a "Condition"), except for Violations or Conditions that, individually or in the aggregate, would not have, or not reasonably likely to have, a Material Adverse Effect on Elberton. Except as disclosed in the Elberton Disclosure Schedule, there are no actions, suits or proceedings, or demands, claims, notices or investigations (including, without limitation, notices, demand letters or requests for information from any environmental agency) instituted, pending or, to Elberton's Knowledge, threatened relating to any actual or potential Condition or Violation.