Environmental clauses for a facility agreement

The following Environment precedent provides comprehensive and up to date legal information covering:

  • Brexit impact
  • Definitions
  • Representations and warranties
  • Environmental covenants

Produced in partnership with DLA Piper UK LLP

[These clauses are intended for insertion in a Facility Agreement relating to the operation of a business, which involves the occupation of use of properties. It accordingly assumes the definition of terms which would typically be included in such an agreement, such as ‘Agent’, ‘Business’, ‘Event of Default’, ‘Finance Party’, ‘Legal Due Diligence Report’, ‘Material Adverse Effect’, ‘Obligor’ and ‘Property’.]

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.


In this [Schedule OR Agreement]


  1. means any and all living organisms or ecosystems (including, without limitation man, flora and fauna) and the media of air

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