Environmental Exposures and Lender Concerns

CERCLA Secured Creditor Exemption (Cont.) Exemption will not apply if the property is hold for investment purposes. The lender must "seek to sell, re-lease (in the case of a lease finance transaction), or otherwise divest..., the facility or vessel at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements. 57

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