Common use of No Merger of Title Clause in Contracts

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased any Property, (c) any Notes, or (d) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the any Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that if the same person person, firm, corporation or other entity may acquireacquires, own owns or holdholds, directly or indirectly: (a) , this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate estate, and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any pay interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby with the fee estate in the Leased Property by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: indirectly (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate estate, and (bii) the fee estate in the Leased PropertyProperties.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation, or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate estate; and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or (b) such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person Person or entity may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee or groundleasehold estate in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person or (c) a beneficial interest in the Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (bii) the fee estate in the any Leased Property.

No Merger of Title. There shall be no merger of this Master Lease or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (ai) this Master Lease or the leasehold estate created hereby or any interest in this Master Lease or such leasehold estate estate, and (bii) the fee estate in the each Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby thereby or any interest herein or in this Lease or such leasehold estate and (b) the fee estate in the applicable Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person, or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased Property, (c) any Notes, or (d) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: indirectly (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate or ground landlord's interest in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased PropertyProperty or any interest therein.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby or thereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate estates created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate in title to the Leased PropertyProperty or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate estate, and (b) the fee estate in the Leased PropertyProperties.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased PropertyProject.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate estate, and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, or (b) the fee any estate of others in the Leased PropertyProperty created by any sublease permitted under this Lease, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby with the fee estate in the Leased Property by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: indirectly (aA) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (bB) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (bii) the fee estate in the Leased PropertyAircraft, or (iii) a beneficial interest in the Lessor.

No Merger of Title. There shall be no merger of this Lease or of the ------------------ leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, or (b) the fee any estate of others in the Leased PropertyProperty created by any sublease permitted under this Lease, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (bii) the fee estate in the Leased PropertyPremises.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby with Landlord's interest in or ownership of the Property by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate Landlord's interest in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee or ground leasehold estate in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person or (c) a beneficial interest in the Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.. ARTICLE ------- 28

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this the Lease or the leasehold estate created hereby or any interest in this the Lease or such leasehold estate estate, and (b) the fee estate in the any Leased Property.

No Merger of Title. There shall be no merger of this Lease ------------------ or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the any Leased Property.

No Merger of Title. There shall be no merger of this Lease or of ------------------ the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee or groundleasehold estate in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person or (c) a beneficial interest in the Lessor.

No Merger of Title. There shall be no merger of this Lease or of the ------------------ leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or (b) such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the ------------------- leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate in any Property, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Propertyappropriate Person, or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or ------------------ of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person, or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or (b) this Lease or the leasehold estate created hereby or any interest in this Lease such leasehold estate and (b) the fee estate in the Leased PropertyLand.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased Property, (c) any Credit Notes, (d) any Mortgage Notes or (e) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or ------------------ of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (ba) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate interest in any Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person or (c) a beneficial interest in the Leased PropertyLessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this the Lease or the leasehold estate created hereby or any interest in this the Lease or such leasehold estate estate, and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased PropertyProperty or (c) any Note.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, or (b) the fee estate in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person.

No Merger of Title. There shall be no merger of this Lease or of ------------------ the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee or ground leasehold estate in any Leased Asset, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Propertyappropriate Person or (c) a beneficial interest in the Lessor.

No Merger of Title. There shall be no merger of this ------------------ Lease or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the any Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, or (b) the fee estate any right, title or interest in the Leased PropertyEquipment.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: (a) , this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased PropertyPremises.

No Merger of Title. There shall be no merger of this Lease or of the ------------------ leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, or (b) the fee estate in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: Indirectly, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or (b) such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (bii) the fee estate in any Aircraft, or (iii) a beneficial interest in the Leased PropertyLessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by this Lease with the fee estate in any of the Leased Premises by reason of the fact that the same person Person may acquire or entity may acquire, own hold or holdown, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any part thereof or interest therein, unless and until all Persons having any interest in this Lease or such leasehold estate the interests described in (a) and (b) above which are sought to be merged shall join in a written instrument effecting such merger and shall duly record the fee estate in the Leased Propertysame.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased any Property, (c) any Notes, or (d) an equity interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by this Lease with the fee estate in the Premises or any part thereof by reason of the fact that the same person acquiring or entity may acquire, own or holdholding, directly or indirectly: (a) , this Lease or the leasehold estate created hereby by this Lease or any interest in this Lease or in such leasehold estate and (b) as well as the fee estate in the Leased PropertyPremises or any portion thereof.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.. 45

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee free estate in any LEASE AGREEMENT (HGSI) Property, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Propertyappropriate Person or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate or leasehold title in the any Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the any Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased any Property., (c) any Notes, or (d) a beneficial interest in Lessor. ARTICLE XXVIII

No Merger of Title. There shall be no merger of this Lease or of the ------------------ leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Master Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (ai) this Master Lease or the leasehold estate created hereby or any interest in this Master Lease or such leasehold estate and or (bii) the fee or leasehold estate in any or all of the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased any Property., (c) any Notes, or (d) a beneficial interest in Lessor. ARTICLE XL

No Merger of Title. There shall be no merger of this Lease ------------------ or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the any Leased Property.. 109

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby solely by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) title to the fee estate Equipment, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Propertyappropriate Person or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate in the Leased PropertyLand, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person, or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or nor of the leasehold estate created hereby by this Lease with the fee estate or any other leasehold estate in the Leased Premises or any part thereof by reason of the fact that the same person person, firm, corporation or other entity may acquire, acquire or own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby by this Lease or any interest in this Lease or in any such leasehold estate estate, and (b) the fee estate in the Leased Property.107 104

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate in any Property, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Propertyappropriate Person or (c) a beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby with the fee estate in the Leased Property by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: indirectly (a) this :Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate estate: and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person Person or entity may acquire, own or hold, directly or indirectly: (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.. 49

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee or ground leasehold estate in the Leased PropertyPremises, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person or (c) a beneficial interest in Agent Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (bii) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased Property, (c) the Note, (d) the Certificate or (e) the beneficial interest in Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and or (b) the fee estate [or ground leasehold estate] in the Leased Real Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate person or entity.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (bii) the fee or ground leasehold estate in any Leased Asset, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Property.appropriate Person or (iii) a beneficial interest in the Lessor. ARTICLE XXX

No Merger of Title. There shall be no merger of this Lease or ------------------- of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the any Leased Property.. 108

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, or (b) the fee estate in any Property, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Propertyappropriate Person.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate Property Interest, or (c) a beneficial interest in Lessor, except in each case as may expressly be stated in a written instrument duly executed and delivered by the Leased Propertyappropriate Person.

No Merger of Title. There shall be no merger of this Lease or ------------------ of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the any Leased Property.. 108

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, or (b) the fee estate title in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (bii) the fee estate simple in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby thereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (ai) this the Lease or the leasehold estate created hereby or any interest in this the Lease or such leasehold estate estate, and (bii) the fee estate in the any Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby thereby or any interest herein or in this Lease or such leasehold estate and (b) the fee estate in the applicable Leased Property, unless and until all Persons having any interest in the interests described in (a) and (b) above which are sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: (ai) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (bii) the fee Lessor's estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the -------------------- leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or (b) such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate any right, title or interest in the Leased Property, (c) any Notes, or (d) a beneficial interest in Lessor. 28.1 [Reserved].

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person or entity may acquire, own or hold, directly or indirectly: indirectly (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of ------------------ the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee or ground leasehold estate in the Leased Property, except as may expressly be stated in a written instrument duly executed and delivered by the appropriate Person or (c) a beneficial interest in the Lessor.

No Merger of Title. There shall be no merger of this Lease or of ------------------ the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) the fee estate in any Property, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Propertyappropriate Person or (c) a beneficial interest in the Lessor.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: (a) , this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or ------------------ of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby solely by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , in whole or in part, (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and estate, (b) title to the fee estate Equipment, except as may expressly be stated in a written instrument duly executed and delivered by the Leased Property.appropriate Person or (c) a beneficial interest in Lessor. ARTICLE XXIV

No Merger of Title. There shall be no merger of this Lease or of the leasehold estate created hereby by reason of the fact that the same person person, firm, corporation or other entity may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) this Lease, or the fee leasehold estate created hereby or any interest in this Lease and Landlord’s ground lessee interest in the Leased PropertyLand.

No Merger of Title. There shall be no merger of this Lease or ------------------ of the leasehold estate created hereby by reason of the fact that the same person or entity Person may acquire, own or hold, directly or indirectly: , (a) this Lease or the leasehold estate created hereby or any interest in this Lease or such leasehold estate and (b) the fee estate in the Leased Property.