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No. 1133 approving the execution of a second addendum to the lease for the AEDA taxable and public improvement project
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No. 1133 approving the execution of a second addendum to the lease for the AEDA taxable and public improvement project
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10/18/2012 2:52:49 PM
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done after such completion dates and such <br />endorsement shall be recorded as an addendum to <br />this Lease. The Authority hereby represents that <br />it is possessed of, or will acquire, a good and <br />indefeasible estate in fee simple or an insurable <br />right -of -way easement subject only to Permitted <br />Encumbrances, to the above - described real estate, <br />and the Authority warrants and will defend the same <br />against all claims whatsoever not suffered or <br />caused by the acts or omissions of the Lessee. <br />2. Section 14 of the Lease is amended by deleting the entire <br />text of said Section 14 and substituting the following as the text of <br />Section 14: <br />Section 14. Option to Purchase. (a) Tax - <br />Exempt Project. The Authority hereby grants to <br />the Lessee the right and option, on any rental <br />payment date, upon thirty days' written notice to <br />the Authority, to purchase the Tax - Exempt Project <br />at a price equal to the amount required to enable <br />the Authority to provide for the redemption of <br />all outstanding Tax - Exempt Bonds, all premiums <br />payable on the redemption thereof, and accrued and <br />unpaid interest thereon, and to pay the cost of <br />redeeming the Tax - Exempt Bonds and liquidating the <br />Authority if it is to be liquidated. If the <br />Lessee exercises it option to purchase the <br />Tax - Exempt Project, the Lessee shall pay to the <br />Trustee that portion of the purchase price which <br />is required to provide for the payment of all <br />Tax - Exempt Bonds, including all premiums payable <br />on the redemption thereof, accrued and unpaid <br />interest thereon and costs of redemption thereof. <br />Such payment shall not be made until the Trustee <br />gives the Lessee a written statement that such <br />amount will be sufficient to retire all Tax - Exempt <br />Bonds including all premiums payable on the <br />redemption thereof and accrued and unpaid <br />interest. The remainder of such purchase price, <br />if any, shall be paid by the Lessee to the <br />Authority. <br />(b) Taxable Project. The Authority hereby <br />grants to the Lessee the right and option, on any <br />rental payment date, upon thirty days' written <br />notice to the Authority, to purchase all of a part <br />of the Taxable Project. If the Lessee determines <br />to purchase all of the Taxable Project, the <br />purchase price shall equal the amount required to <br />enable the Authority to provide for the <br />redemption of all outstanding Tax - Exempt Bonds, <br />all premiums payable on the redemption thereof, <br />and accrued and unpaid interest thereon, and to <br />pay the cost of redeeming the Tax - Exempt Bonds and <br />-2- <br />
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