Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained:
(a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project, the Agency has the authority to take the actions contemplated herein under the Act.
(b) The Agency has been duly authorized to execute and deliver this Lease Agreement.
(c) The Agency will lease the Land from the Company pursuant to this Lease Agreement and lease the Land back to the Company pursuant to the Leaseback Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County and improving their standard of living.
(d) Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Lease Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement.
(e) The Agency has been induced to enter into this Lease Agreement by the undertaking of the Company to acquire, construct, install and equip the Project and the related jobs resulting therefrom in the County, State.
Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained:
(a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project, the Agency has the authority to take the actions contemplated herein under the Act.
(b) The Agency has been duly authorized to execute and deliver this Lease Agreement.
(c) The Agency will lease the Land from the Company pursuant to this Lease Agreement and lease the Land back to the Company pursuant to the Leaseback Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County and improving their standard of living.
(d) Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Lease Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or ofany corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, or will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms ofany such instrument or agreement.
(e) The Agency has been induced to enter into this Lease Agreement by the undertaking of the Company to construct the Project and the related jobs resulting therefrom in the County, State.
Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained:
Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained:
(a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Agency Lease and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project Facility, the Agency has the authority to take the actions contemplated herein under the Act.
(b) The Agency has been duly authorized to execute and deliver this Agency Lease.
(c) The Agency has acquired a leasehold interest in the Project Facility pursuant to the Company Lease, has acquired an interest in all machinery, equipment and personal property related to the Project Facility pursuant to the Xxxx of Sale, leases the Project Facility and all machinery, equipment and personal property related to the Project Facility to the Company pursuant to this Agency Lease, and designates the Company as its agent for purposes of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and Jefferson County and improving their standard of living.
(d) Neither the execution and delivery of this Agency Lease, the consummation of the transactions contemplated hereby nor the fulfillment of or compliance with the provisions of this Agency Lease will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, or will constitute a default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement.
(e) The Agency has been induced to enter into this Agency Lease by the undertaking of the Company to acquire, construct, install and equip the Project Facility and create construction-related jobs in Jefferson County, New York.
(f) The Agency has determined that the Project Facility will not have a “significant adverse impact” on the environment within the meaning of the State Environmental Quality Review Act and the regulations of the Department of Environmental Conservation promulgated thereunder.
(g) The Agency has determined that this Agency Lease constitutes a “Project Agreement” within the meaning of General Municipal Law § 859-a.
Representations and Covenants of the Agency. The Agency
(A) The Agency is duly established under the provisions of the General Municipal Law and has the power to enter into this Agreement and to carry out its obligations hereunder. By proper official action, the Agency has been duly authorized to execute, deliver and perform this Agreement.
(B) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Agreement will conflict with or result in a breach by the Agency of any of the terms, conditions or provisions of the General Municipal Law, the by-laws of the Agency or any order, judgment, agreement or instrument to which the Agency is a party or by which the Agency is bound, or will constitute a default by the Agency under any of the foregoing.
(C) Pursuant to the terms and conditions set forth in this Agreement, the Agency intends to diligently pursue the acquisition of fee title to the Properties through the use of its statutory power of eminent domain for the purposes of promoting, attracting and developing economically sound commerce and industry and advancing the job opportunities, health, general prosperity and economic welfare of the people of the State and improving their standard of living.
Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained:
(a) The Agency is duly established and validly existing under the provisions of the Act, has the power and authority to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder and has been duly authorized to execute and deliver this Lease Agreement. Based upon the representations of the Company as to the proposed utilization of the Facility, the Facility will be of a character included in the definition of a "project" in the Act. By proper official action, the Agency has been duly authorized to execute and deliver this Lease Agreement.
(b) The Agency owns, or will hold a leasehold interest in, the Land, the Facility and the Equipment and will lease the Land, Facility and the Equipment to the Company pursuant to this Lease Agreement, all for the public purposes of the State.
(c) Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby nor the fulfillment of or compliance with the provisions of this Lease Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act, any other law or ordinance of the State or any political subdivision thereof or of any corporate restriction or by-law of the Agency or any agreement or instrument to which the Agency is a party or by which it is bound, or will constitute a default under any of the foregoing, or result in the creation or imposition of any Lien of any nature upon any of the property or assets of the Agency under the terms of any such instrument or agreement, except for this Lease Agreement.
(d) By resolution adopted on April 28, 1994 the Agency determined that the acquisition, construction, and equipping of the Facility by the Agency and the lease of the Project Facility to the Company would not have a significant effect on the environment within the meaning of SEQRA.
Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on the Company's part herein contained:
(a) The Agency is duly established under the provisions of the Act and has the power to enter into the transactions contemplated by this Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project Facility, the Project Facility will constitute a "project", as such quoted term is defined in the Act. By proper corporate action, the officers of the Agency have been duly authorized to execute and deliver this Agreement.
(b) The Agency will acquire the Project Facility and will lease the Project Facility to the Company pursuant to this Agreement, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State of New York and improving their standard of living.
(c) By the Resolution, the Agency determined that, based upon the review by the Agency of the materials submitted and the representations made by the Company relating to the Project Facility, the acquisition of the Project Facility, and the leasing thereof by the Agency to the Company, will not have a "significant effect on the environment" within the meaning ascribed to such quoted phrase in Article 8 of the Environmental Conservation Law of the State of New York and the regulations of the New York State Department of Environmental Conservation promulgated thereunder.
Representations and Covenants of the Agency. The Agency represents and covenants that:
(a) The Agency is duly authorized and validly existing under and pursuant to the laws and the Constitution of the State, is authorized pursuant to the Act to enter into this Agreement and has duly authorized the execution and delivery of this Agreement.
(b) This Agreement has been executed and delivered by the Agency in such manner and form as to comply with all applicable laws and regulations and to make this Agreement the valid and legally binding act and agreement of the Agency.
(c) The Agency will make available HOME funds to the CHDO pursuant to the Disbursement Procedures (Appendix 3) in the amount specified within the Approved Budget to be used by the CHDO to pay the Eligible Costs associated with the Eligible Activities.
Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained: 60375-031v3 The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Leaseback Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project, the Agency has the authority to take the actions contemplated herein under the Act. The Agency has been duly authorized to execute and deliver this Leaseback Agreement. The Agency will take or has taken a leasehold interest in the Project, lease the Project to the Company pursuant to this Leaseback Agreement and designate the Company as its agent for purposes acquiring, constructing, installing and equipping of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County of Xxxxxxxx and improving their standard of living. Neither the execution and delivery of this Leaseback Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Leaseback Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, or will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement.
