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adversely to the Authority or its interests, would have a material and adverse effect upon the <br /> consummation of the transactions contemplated by or the validity of this Lease Agreement, the <br /> Site and Facility Lease or the Indenture, or upon the financial condition, assets, properties or <br /> operations of the Authority, and the Authority is not in default with respect to any order or <br /> decree of any court or any order,regulation or demand of any federal, state,municipal or other <br /> governmental authority, which default might have consequences that would materially and <br /> adversely affect the consummation of the transactions contemplated by this Lease Agreement, <br /> the Site and Facility Lease or the Indenture or the financial conditions, assets, properties or <br /> operations of the Authority. <br /> -6- <br />