Common use of No Merger of Estates Clause in Contracts

No Merger of Estates. If the Real Property consists of a leasehold estate, then so long as the Secured Indebtedness shall remain unpaid, unless Mortgagee shall otherwise consent, the fee title to any leasehold estate in the Real Property created by the Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates either in the lessor or in the lessee under the Lease or in a third party, by purchase or otherwise. Mortgagor further covenants and agrees that, in case it shall acquire the fee title, or any other estate, title or interest in the Real Property, or any part thereof, covered by the Lease or this Mortgage, this Mortgage shall attach to and cover and be a lien upon such other estate so acquired, and such other estate so acquired by Mortgagor shall be mortgaged to Mortgagee and the lien hereof sprexx xx xxxer such estate with the same force and effect as though specifically herein mortgaged. Mortgagor shall, upon demand, execute such further instruments to facilitate the intent of this Section, as Mortgagee shall reasonably request.

Appears in 1 contract

Samples: Security and Pledge Agreement (Guilford Mills Inc)

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No Merger of Estates. If the Real Property consists of a leasehold estate, then so long as the Secured Indebtedness shall remain unpaid, unless Mortgagee Beneficiary shall otherwise consent, the fee title to any leasehold estate in the Real Property created by the Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates either in the lessor or in the lessee under the Lease or in a third party, by purchase or otherwise. Mortgagor Grantor further covenants and agrees that, in case it shall acquire the fee title, or any other estate, title or interest in the Real Property, or any part thereof, covered by the Lease or this MortgageDeed of Trust, this Mortgage Deed of Trust shall attach to and cover and be a lien upon such other estate so acquired, and such other estate so acquired by Mortgagor Grantor shall be mortgaged to Mortgagee Beneficiary and the lien hereof sprexx xx xxxer spread to cover such estate with the same force and effect as though specifically herein mortgaged. Mortgagor Grantor shall, upon demand, execute such further instruments to facilitate the intent of this Section, Paragraph as Mortgagee Beneficiary shall reasonably request.

Appears in 1 contract

Samples: Security and Pledge Agreement (Guilford Mills Inc)

No Merger of Estates. If the Real Property consists of a leasehold estate, then so long as the Secured Indebtedness shall remain unpaid, unless Mortgagee shall otherwise consent, the fee title to any leasehold estate in the Real Property created by the Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates either in the lessor or in the lessee under the Lease or in a third party, by purchase or otherwise. Mortgagor Grantor further covenants and agrees that, in case it shall acquire the fee title, or any other estate, title or interest in the Real Property, or any part thereof, covered by the Lease or this Mortgage, this Mortgage shall attach to and cover and be a lien upon such other estate so acquired, and such other estate so acquired by Mortgagor Grantor shall be mortgaged to Mortgagee and the lien hereof sprexx xx xxxer spread to cover such estate with the same force and effect as though specifically herein mortgaged. Mortgagor Grantor shall, upon demand, execute such further instruments to facilitate the intent of this Section, Section as Trustee or Mortgagee shall reasonably request.

Appears in 1 contract

Samples: Master Lease Agreement (Ventas Inc)

No Merger of Estates. If the Real Property consists of a -------------------- leasehold estate, then so long as the Secured Indebtedness shall remain unpaid, unless Mortgagee Beneficiary shall otherwise consent, the fee title to any leasehold estate in the Real Property created by the Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates either in the lessor or in the lessee under the Lease or in a third party, by purchase or otherwise. Mortgagor Grantor further covenants and agrees that, in case it shall acquire the fee title, or any other estate, title or interest in the Real Property, or any part thereof, covered by the Lease or this MortgageDeed of Trust, this Mortgage Deed of Trust shall attach to and cover and be a lien upon such other estate so acquired, and such other estate so acquired by Mortgagor Grantor shall be mortgaged to Mortgagee Beneficiary and the lien hereof sprexx xx xxxer spread to cover such estate with the same force and effect as though specifically herein mortgaged. Mortgagor Grantor shall, upon demand, execute such further instruments to facilitate the intent of this Section, Section as Mortgagee Beneficiary shall reasonably request.

Appears in 1 contract

Samples: Trust and Security Agreement (Ventas Inc)

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No Merger of Estates. If the Real Property consists of a -------------------- leasehold estate, then so long as the Secured Indebtedness shall remain unpaid, unless Mortgagee shall otherwise consent, the fee title to any leasehold estate in the Real Property created by the Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates either in the lessor or in the lessee under the Lease or in a third party, by purchase or otherwise. Mortgagor further covenants and agrees that, in case it shall acquire the fee title, or any other estate, title or interest in the Real Property, or any part thereof, covered by the Lease or this Mortgage, this Mortgage shall attach to and cover and be a lien upon such other estate so acquired, and such other estate so acquired by Mortgagor shall be mortgaged to Mortgagee and the lien hereof sprexx xx xxxer spread to cover such estate with the same force and effect as though specifically herein mortgaged. Mortgagor shall, upon demand, execute such further instruments to facilitate the intent of this Section, Section as Mortgagee shall reasonably request.

Appears in 1 contract

Samples: Ventas Inc

No Merger of Estates. If the Real Property consists of a leasehold estate, then so long as the Secured Indebtedness shall remain unpaid, unless Mortgagee shall otherwise consent, the fee title to any leasehold estate in the Real Property created by the Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates either in the lessor or in the lessee under the Lease or in a third party, by purchase or otherwise. Mortgagor further covenants and agrees that, in case it shall acquire the fee title, or any other estate, title or interest in the Real Property, or any part thereof, covered by the Lease or this Mortgage, this Mortgage shall attach to and cover and be a lien upon such other estate so acquired, and such other estate so acquired by Mortgagor shall be mortgaged to Mortgagee and the lien hereof sprexx xx xxxer spread to cover such estate with the same force and effect as though specifically herein mortgaged. Mortgagor shall, upon demand, execute such further instruments to facilitate the intent of this Section, as Mortgagee shall reasonably request.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (Guilford Mills Inc)

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