Common use of No Merger; Acquisition; Power of Attorney Clause in Contracts

No Merger; Acquisition; Power of Attorney. So long as any of the Secured Obligations remain unpaid or unperformed, the title to and/or the leasehold estate in the premises subject to the Ground Lease shall not merge but shall always be kept separate and distinct notwithstanding the union of such estates in the Lessor or Trustor, on in a third party, by purchase or otherwise. If Trustor acquires the fee title or any other estate, title or interest in the property demised by the Ground Lease, or any part thereof, the lien of this Deed of Trust shall attach to, cover and be a lien upon such acquired estate, title or interest and the same shall thereupon be and become a part of the Trust Estate with the same force and effect as if specifically encumbered herein. Trustor agrees to execute all instruments and documents that Beneficiary may reasonably require to ratify, confirm and further evidence the lien of this Deed of Trust on the acquired estate, title or interest. Furthermore, Trustor hereby appoints Beneficiary as its true and lawful attorney-in-fact to execute and deliver, during the continuance of an event of default, all such instruments and documents in the name and on behalf of Trustor and to exercise any rights under the Ground Lease that Trustor is entitled to exercise (but without obligation on the part of the Beneficiary to do so). This power, being coupled with an interest, shall be irrevocable as long as any portion of the Secured Obligations remains unpaid.

Appears in 2 contracts

Samples: www.sec.gov, Desert Hawk Gold Corp.

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No Merger; Acquisition; Power of Attorney. So long as any of the Secured Obligations remain unpaid or unperformed, the fee title to and/or and the leasehold estate in the premises subject to the Ground each Mortgaged Lease shall not merge but shall always be kept separate and distinct notwithstanding the union of such estates in the Lessor lessor or TrustorGrantor, on or in a third party, by purchase or otherwise. If Trustor Grantor acquires the fee title or any other estate, title or interest in the property demised by the Ground Mortgaged Lease, or any part thereof, the lien of this Deed of Trust shall attach to, cover and be a lien upon such acquired estate, title or interest and the same shall thereupon be and become a part of the Trust Estate Mortgaged Property with the same force and effect as if specifically encumbered herein. Trustor Grantor agrees to execute all instruments and documents that Beneficiary may reasonably require to ratify, confirm and further evidence the lien of this Deed of Trust on the acquired estate, title or interest. Furthermore, Trustor Grantor hereby appoints Beneficiary as its true and lawful attorney-in-fact to execute and deliver, during the continuance following an Event of an event of defaultDefault, all such instruments and documents in the name and on behalf of Trustor and to exercise any rights under the Ground Lease that Trustor is entitled to exercise (but without obligation on the part of the Beneficiary to do so)Grantor. This power, being coupled with an interest, shall be irrevocable as long as any portion of the Secured Obligations remains unpaid.

Appears in 1 contract

Samples: Credit Agreement (Energy Future Intermediate Holding CO LLC)

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No Merger; Acquisition; Power of Attorney. So long as any of the Secured Obligations remain unpaid or unperformed, the fee title to and/or and the leasehold estate in the premises subject to the Ground each Mortgaged Lease shall not merge but shall always be kept separate and distinct notwithstanding the union of such estates in the Lessor lessor or TrustorGrantor, on or in a third party, by purchase or otherwise. If Trustor Grantor acquires the fee title or any other estate, title or interest in the property demised by the Ground Mortgaged Lease, or any part thereof, the lien of this Deed of Trust shall attach to, cover and be a lien upon such acquired estate, title or interest and the same shall thereupon be and become a part of the Trust Estate Property with the same force and effect as if specifically encumbered herein. Trustor Grantor agrees to execute all instruments and documents that Beneficiary may reasonably require to ratify, confirm and further evidence the lien of this Deed of Trust on the acquired estate, title or interest. Furthermore, Trustor Grantor hereby appoints Beneficiary as its true and lawful attorney-in-fact to execute and deliver, during the continuance following an Event of an event of defaultDefault, all such instruments and documents in the name and on behalf of Trustor and to exercise any rights under the Ground Lease that Trustor is entitled to exercise (but without obligation on the part of the Beneficiary to do so)Grantor. This power, being coupled with an interest, shall be irrevocable as long as any portion of the Secured Obligations remains unpaid.

Appears in 1 contract

Samples: Purchase Agreement (Terremark Worldwide Inc)

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