Merger of Agency. (a) Nothing contained in this Lease Agreement shall prevent the consolidation of the Agency with, or merger of the Agency into, or the transfer of the Agency’s interest in the entire Facility to, any other public benefit corporation or political subdivision which has the legal authority to own and lease the Facility and to continue the tax benefits contemplated by the Transaction Documents, provided that upon any such consolidation, merger or transfer, the due and punctual performance and observance of all the agreements and conditions of this Lease Agreement to be kept and performed by the Agency shall be expressly assumed in writing by the public benefit corporation or political subdivision resulting from such consolidation or surviving such merger or to which the Facility shall be transferred.
Merger of Agency. (a) Nothing contained in this Lease Agreement shall prevent the consolidation of the Agency with, or merger of the Agency into, or transfer of title of the Project Facility as an. entirety to, any other local governmental body or political subdivision which has the legal authority to own and lease the Project Facility provided that upon any such consolidation, merger or transfer, the due and punctual performance and observance of all the agreements and conditions of this Lease Agreement to be kept and performed by the Agency shall be expressly assumed in writing by the local governmental body or political subdivision resulting from such consolidation or surviving such merger or to which the Facility shall be transferred; and
Merger of Agency. (a) Notwithstanding anything to the contrary or otherwise contained in this Leaseback Agreement, nothing contained in this Leaseback Agreement shall prevent the consolidation of the Agency with, or merger of the Agency into, or transfer of its leasehold interest in the entire Project to any other public benefit corporation or political subdivision which has the legal authority to lease the Project, provided that upon any such consolidation, merger or transfer, the due and punctual performance and observance of all the agreements and conditions of this Leaseback Agreement to be kept and performed by the Agency shall be expressly assumed in writing by the public benefit corporation or political subdivision resulting from such consolidation or surviving such merger or to which the Project shall be transferred. ·-(b)'' Within thirtY-(30) days after the consummation.of any such,c;:ons,oJidiation,, mt1rger. or transfer of its leasehold interest, the Agency shall give 11otic. e_ thereof in reasonable detail to the Company. The Agency shall furnish such additional information with respect to any such transaction as the Company may reasonably request.
Merger of Agency. (a) Nothing contained in this Agreement shall prevent the consolidation of the Agency with, or merger of the Agency into, or transfer of title to the Project Facility as an entirety to, any other political subdivision or public benefit corporation or other entity which has the legal authority to own and lease the Project Facility (including but not limited to a subsidiary of the Agency), provided that:
Merger of Agency. (a) Nothing contained in this Lease Agreement shall prevent the consolidation of the Agency with, or merger of the Agency into, or the transfer of the Agency’s interest in the entire Phase 2B Facility to, any other public benefit corporation or political subdivision which has the legal authority to own and lease the Phase 2B Facility and to continue the tax benefits contemplated by the Transaction Documents, provided that upon any such consolidation, merger or transfer, the due and punctual performance and observance of all the agreements and conditions of this Lease Agreement to be kept and performed by the Agency shall be expressly assumed in writing by the public benefit corporation or political subdivision resulting from such consolidation or surviving such merger or to which the Phase 2B Facility shall be transferred.
Merger of Agency. (a) Nothing contained in this Lease shall prevent the consolidation of the Agency with, the merger of the Agency into or the transfer of title to the Project as an entirety to any other public benefit corporation or political subdivision which has the legal authority to own and lease the Project, provided that upon any such consolidation, merger or transfer, the due and punctual performance and observance of all the agreements and conditions of this Lease to be kept and performed by the Agency shall be expressly assumed in writing by the public benefit corporation or political subdivision resulting from such consolidation, surviving such merger or to which the Project shall be transferred.
Merger of Agency. (a) Notwithstanding anything to the contrary or otherwise contained in this Leaseback Agreement, nothing contained in this Leaseback Agreement shall prevent the consolidation of the Agency with, or merger of the Agency into, or transfer of its leasehold interest in the entire Facility to any other public benefit corporation or political subdivision which has the legal authority to lease the Facility under the terms and provisions hereof, provided that upon any such consolidation, merger or transfer, the due and punctual performance and observance of all the agreements and conditions of this Leaseback Agreement to be kept and performed by the Agency shall be expressly assumed in writing by the public benefit corporation or political subdivision resulting from such consolidation or surviving such merger or to which the Facility shall be transferred.
Merger of Agency. 11 5.10 Waiver of Real Property Law Section 227 .......................... 11 ARTICLE VI
