Common use of No Merger of Fee and Leasehold Estates; Releases Clause in Contracts

No Merger of Fee and Leasehold Estates; Releases. So long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent in writing, the fee title to the Premises and the leasehold estate therein created pursuant to the provisions of the Ground Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Borrower, Lender, or in any other person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the Property, including, but not limited to, the leasehold estate created by the Ground Lease, with or without consideration, at Lender’s election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Documents and any such release shall not affect Lender’s rights in connection with the portion of the Property not so released.

Appears in 2 contracts

Samples: www.sec.gov, TNP Strategic Retail Trust, Inc.

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No Merger of Fee and Leasehold Estates; Releases. So long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent in writingconsent, the fee title to the Premises Land and the leasehold estate therein created pursuant to under the provisions of the Ground Operating Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in BorrowerOwner, Lenderthe lessor thereunder, or in any other person Person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the Property, including, but not limited to, the leasehold estate created by the Ground Operating Lease, with or without consideration, at Lender’s election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Documents and any such release shall not affect Lender’s rights in connection with the portion of the Property not so released.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (FelCor Lodging Trust Inc)

No Merger of Fee and Leasehold Estates; Releases. So long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent in writingconsent, the fee title to the Premises Project and the leasehold estate therein created pursuant to the provisions of the Ground Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Borrower, Lender, or in any other person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the PropertyProject, including, but not limited to, the leasehold estate created by the Ground Lease, with or without consideration, at Lender’s election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Documents and any such release shall not affect Lender’s rights in connection with the portion of the Property Project not so released.

Appears in 1 contract

Samples: Loan Agreement (Meredith Enterprises Inc)

No Merger of Fee and Leasehold Estates; Releases. So --------------------------------------------------- long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent in writingconsent, the fee title to the Premises Leased Land and the leasehold estate therein created pursuant to the provisions of the Ground Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Borrower, LenderOwner, or in any other person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the Property, including, but not limited to, the leasehold estate created by the Ground Lease, with or without consideration, at Lender’s 's election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Other Security Documents and any such release shall not affect Lender’s 's rights in connection with the portion of the Property not so released.

Appears in 1 contract

Samples: Agreement (Sl Green Realty Corp)

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No Merger of Fee and Leasehold Estates; Releases. So long as any portion of the Debt shall remain unpaid, unless Lender shall otherwise consent in writingconsent, the fee title to that portion of the Premises Property subject to the Ground Lease and the leasehold estate therein created pursuant to the provisions of the Ground Lease shall not merge but shall always be kept separate and distinct, notwithstanding the union of such estates in Borrower, Lender, or in any other person by purchase, operation of law or otherwise. Lender reserves the right, at any time, to release portions of the Property, including, but not limited to, the leasehold estate created by the Ground Lease, with or without consideration, at Lender’s election, without waiving or affecting any of its rights hereunder or under the Note or the other Loan Documents and any such release shall not affect Lender’s rights in connection with the portion of the Property not so released.

Appears in 1 contract

Samples: Loan Agreement (Innkeepers Usa Trust/Fl)

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