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200305038 distribution, use, treatment, storage, disposal, transport or handling of pollutants, contaminants, hazardous substances or wastes or the cleanup or other remediation thereof. (c) Subject to Section 2.09, the Grantor shall not install or permit to be installed in the Property friable asbestos or any substance containing asbestos and deemed hazardous by the Legal Requirements respecting such material, and, with respect to any such material currently present in the Property, shall promptly comply with all applicable Legal Requirements, at the Grantor's expense. If the Grantor fails to so comply, the Beneficiary, after notice to the Grantor and the failure of the Grantor to diligently commence and pursue compliance, may do whatever is necessary to comply with such Legal Requirements. The Grantor shall give the Beneficiary and its agents and employees, upon notice and at reasonable times, access to the Property to remove, at the Grantor's expense, such asbestos or substances which are not in compliance herewith. Section 2.06. Sale; Liens. The Mortgagor will not sell, assign, lease, transfer, convey or permit to be sold, assigned, transferred, conveyed or otherwise dispose of the Mortgaged Property or any part thereof or interest therein (for the purpose of this Section, a "Transfer ") unless: (a) the aggregate amount of the Commitments (after giving effect to any reduction thereof pursuant to Section 2.11(b)(ii)(A) of the Credit Agreement in connection with such Transfer) exceeds $85,000,000; or (b) if the aggregate amount of the Commitments (after giving effect to any reduction thereof pursuant to Section 2. 11 (b)(ii)(A) of the Credit Agreement in connection with such Transfer) is less than or equal to $85,000,000, either (i) prior to such Transfer, the Borrower reduces the aggregate amount of the Commitments by at least 662/3% of an amount equal to (A) the Annualized Mortgage EBITDA for such Mortgaged Property (as determined based on the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 5.01(a) or 5.01(b) of the Credit Agreement) multiplied by (B) 5 or (ii) the Borrower and its Subsidiaries grant to the Administrative Agent Liens on property reasonably acceptable to the Required Banks having an aggregate value (determined on the basis of an amount equal to (1) Annualized Mortgage EBITDA for such property (as determined based on the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 5.01(a) or (b) of the Credit Agreement) multiplied by (2) 5) at least equal to the value (as so determined) of the Mortgaged Property so Transferred, and shall not create, suffer or permit to be created or exist any Lien attaching to the Mortgaged Property or any part thereof or interest therein, except the Permitted Property Liens. Section 2.07. Status And Care Of The Property. (a) The Grantor represents and warrants that (i) the Property is served by all necessary water, sanitary and storm sewer, drainage, electric, steam, gas, telephone and other utility facilities which facilities have capacities which are sufficient to serve the 19 (NY) 04675/ 120 /REAUNEBRASKA/form.dot.NE.doc