Common use of Merger of Agency Clause in Contracts

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 (b) Within thirty (30) days after the consummation of any such consolidation, merger or transfer of title, the Agency, at its sole expense, shall give notice thereof in reasonable detail to the Company, and shall furnish to the Company a favorable opinion of Independent Counsel as to compliance with the provisions of Section 9.4(a) (i) hereof. The Agency promptly shall furnish such additional information with respect to any such transaction as the above-mentioned Persons may reasonably request.

Merger of Agency. (a) Nothing contained in this Facility Lease Agreement shall prevent the consolidation of the Agency with, or merger of the Agency into, or transfer of title of to the Project entire Facility as an. entirety to, to any other local governmental body public benefit corporation or political subdivision which has the legal authority to own and lease the Project Facility 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 Facility Lease Agreement to be kept and performed by the Agency shall be expressly assumed in writing by the local governmental body public benefit corporation or political subdivision resulting from such consolidation or surviving such merger or to which the Facility shall be transferred; and. (b) Within thirty (30) days after the consummation of any such consolidation, merger or transfer of title, the Agency, at its sole expense, Agency shall give notice thereof in reasonable detail to the Company, Company and shall furnish to the Company Company, at the sole cost and expense of the Company, a favorable opinion of Independent Counsel as to compliance with the provisions of Section 9.4(a) (i9.6(a) hereof. The Agency promptly shall furnish such additional information with respect to any such transaction as the above-mentioned Persons Company may reasonably request.

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 to the Project entire Facility as an. entirety to, to any other local governmental body public benefit corporation or political subdivision which has the legal authority to own and lease the Project Facility 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 tire Agency shall be expressly assumed in writing by the local governmental body public benefit corporation or political subdivision resulting from such consolidation or surviving such merger or to which the Facility shall be transferred; and. (b) Within thirty (30) days after the consummation of any such consolidation, merger or transfer of title, the Agency, at its sole expense, Agency shall give notice thereof in reasonable detail to the Company, Company and the Mortgagee and shall furnish to the Company and the Mortgagee, at the sole cost and expense of the Company, a favorable opinion of Independent Counsel as to compliance with the provisions of Section 9.4(a) (i) hereof. The Agency promptly shall furnish such additional information with respect to any such transaction as the above-mentioned Persons may reasonably request.of