Common use of No Merger of Leases Clause in Contracts

No Merger of Leases. If the estates of all parties to any Tenant Lease shall at any time become vested in one owner, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger, and in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. In addition, upon the foreclosure of the lien created by this Deed of Trust, any Tenant Leases then existing and affecting all or any portion of the Trust Property shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure, unless Beneficiary or any purchaser at any such foreclosure sale shall so elect in writing. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any Tenant Lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to the lessee or sublessee under such Tenant Lease.

Appears in 3 contracts

Samples: Deed of Trust (Windsor Woodmont Black Hawk Resort Corp), Deed of Trust (Riviera Holdings Corp), Deed of Trust (Riviera Holdings Corp)

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No Merger of Leases. If the estates of all parties to any Tenant Tenants ------------------- Lease shall at any time become vested in one owner, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger, and in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. In addition, upon the foreclosure of the lien created by this Deed of Trust, any Tenant Tenants Leases then existing and affecting all or any portion of the Trust Property shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure, unless Beneficiary or any purchaser at any such foreclosure sale shall so elect in writing. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any Tenant Tenants Lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to the lessee or sublessee under such Tenant Tenants Lease.

Appears in 1 contract

Samples: Deed of Trust (Isle of Capri Black Hawk Capital Corp)

No Merger of Leases. If the estates of all parties to any Tenant Lease shall at any time become vested in one owner, this Hyatt Gaming Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger, and in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. In addition, upon the foreclosure of the lien created by this Hyatt Gaming Deed of Trust, any Tenant Leases then existing and affecting all or any portion of the Trust Property shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure, unless Beneficiary or any purchaser at any such foreclosure sale shall so elect in writing. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any Tenant Lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to the lessee or sublessee under such Tenant Lease.

Appears in 1 contract

Samples: Deed of Trust (Windsor Woodmont Black Hawk Resort Corp)

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No Merger of Leases. Upon the foreclosure of the lien created by this Deed of Trust on the Trust Estate pursuant to the provisions hereof, any lease or sublease then existing and affecting all or any portion of the Trust Estate shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at such foreclosure sale shall so elect. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless Beneficiary or such purchaser shall give written notice of such termination to such tenant or subtenant. If both the estates lessor's and lessee's estate under any lease or any portion thereof which constitutes a part of all parties to any Tenant Lease the Trust Estate shall at any time become vested in one owner, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of mergermerger unless Beneficiary so elects as evidenced by recording a written declaration so stating, and, unless and in such eventuntil Beneficiary so elects, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary hereunder as to the separate estates. In addition, upon the foreclosure of the lien created by this Deed of Trust, any Tenant Leases then existing and affecting all or any portion of the Trust Property shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure, unless Beneficiary or any purchaser at any such foreclosure sale shall so elect in writing. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any Tenant Lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to the lessee or sublessee under such Tenant Lease.

Appears in 1 contract

Samples: Option Agreement (Electronic Arts Inc)

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