Common use of No Merger of Title Clause in Contracts

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

Appears in 58 contracts

Samples: Agreement of Lease, Lease Agreement, Lease Agreement (Bon Ton Stores Inc)

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

Appears in 12 contracts

Samples: Lease Agreement (Lincoln Educational Services Corp), Lease Agreement (Metaldyne Performance Group Inc.), Lease Agreement (Powerwave Technologies Inc)

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

Appears in 5 contracts

Samples: Lease (Tauriga Sciences, Inc.), Lease (Atlantic Express Transportation Corp), Lease (Atlantic Express Transportation Corp)

No Merger of Title. There shall be no merger of this Lease nor of the leasehold estate created by this Lease hereby with the fee estate in any or ownership of the Leased Premises by reason of the fact that the same Person entity may acquire or hold or own, directly own (i) this Lease or indirectly, (a) the such leasehold estate created hereby or any part thereof or interest therein and (bii) the fee estate or ownership of any of the Premises or any interest therein. No such merger shall occur unless and until all persons having any interest in (x) this Lease or such leasehold estate and (y) the fee estate in any of the Leased Premises or any part thereof or including, without limitation, Lender’s interest therein, 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 written, recorded instrument effecting such merger and shall duly record the samemerger.

Appears in 5 contracts

Samples: Certificate and Agreement (Savvis Communications Corp), Lease (Savvis Communications Corp), Certificate and Agreement (Savvis Communications Corp)

No Merger of Title. There shall be no merger of the leasehold estate created by this Lease with the fee estate in any of the Leased Premises by reason of the fact that the same Person may acquire or hold or own, directly or indirectly, (a) the leasehold estate created hereby or any part thereof or interest therein and (b) the fee estate in any of the Leased Premises or any part thereof or interest therein, unless and until all Persons having any interest in the interests described in clauses (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.

Appears in 5 contracts

Samples: Sublease Agreement (Metabasis Therapeutics Inc), Sublease Agreement (Novatel Wireless Inc), Sublease Agreement (Collateral Therapeutics Inc)

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

Appears in 2 contracts

Samples: Timberland Lease (Tenneco Inc /De), New Tenneco Inc

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

Appears in 2 contracts

Samples: Lease Agreement (Markel Corp), Lease Agreement (Markel Corp)

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

Appears in 2 contracts

Samples: Lease Agreement (Advanced Micro Devices Inc), Lease Agreement (Compucom Systems Inc)

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

Appears in 2 contracts

Samples: Ground Lease (Seacoast Banking Corp of Florida), Lease Agreement (Atherogenics Inc)

No Merger of Title. There shall be no merger of the leasehold estate created by this Lease with the leasehold estate in the Land and the fee estate in any the remainder of the Leased Premises by reason of the fact that the same Person may acquire or hold or own, directly or indirectly, (a) the leasehold estate created hereby or any part thereof or interest therein and (b) the fee estate in any of the Leased Premises or any part thereof or interest therein, 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.

Appears in 2 contracts

Samples: Lease Agreement (Corporate Property Associates 12 Inc), Lease Agreement (Corporate Property Associates 12 Inc)

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

Appears in 2 contracts

Samples: Lease Agreement (Tower Automotive, LLC), Lease Agreement (Tower Automotive, LLC)

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

Appears in 1 contract

Samples: Lease Agreement (Del Monte Foods Co)

No Merger of Title. There shall be no merger of the leasehold estate created by this Lease with the fee estate in any of the Leased Premises by reason of the fact that the same Person may acquire or hold or own, directly or indirectly, (a) the leasehold estate 33 created hereby or any part thereof or interest therein and (b) the fee estate in any of the Leased Premises or any part thereof or interest therein, 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.

Appears in 1 contract

Samples: Lease Agreement (Corporate Property Associates 12 Inc)

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

Appears in 1 contract

Samples: Lease (Total Identity Corp)

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

Appears in 1 contract

Samples: Space Lease (Equifax Inc)

No Merger of Title. There shall be no merger of the leasehold estate created 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 hold or own, directly or indirectly, (a) the leasehold estate created hereby by this Lease or any part thereof or interest therein in such leasehold estate, and (b) the fee estate in any of the Leased Premises or any part thereof or interest therein, in such fee estate; and no such merger shall occur unless and until all Persons persons, including any mortgagee having any interest in (i) the interests described in (a) leasehold estate created by this Lease and (bii) above which are sought to be merged the fee estate in the Premises, shall join in a written instrument effecting such merger and shall duly record the same.

Appears in 1 contract

Samples: Agreement (Inland Western Retail Real Estate Trust Inc)

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No Merger of Title. There shall be no merger of the leasehold estate created by this Lease with the fee estate in any of the Leased Premises by reason of the fact that the same Person may acquire or hold or own, directly or indirectly, (a) the leasehold estate created hereby or any part thereof or interest therein and (b) the fee estate in any of the Leased Premises or any part thereof or interest therein, 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. 28.

Appears in 1 contract

Samples: Lease Agreement

No Merger of Title. There shall be no merger of the leasehold estate created by this Lease with the fee estate in any of the Leased Premises by reason of the fact that the same Person may acquire or hold or own, directly or indirectly, (a) the leasehold estate created hereby or any part thereof or interest therein and (b) the fee estate in any of the Leased Premises or any part thereof or interest therein, unless and until all Persons having haying 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.

Appears in 1 contract

Samples: Lease Agreement (Corporate Property Associates 16 Global Inc)

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

Appears in 1 contract

Samples: Lease Agreement (Etec Systems Inc)

No Merger of Title. There shall be no merger of the leasehold ------------------ estate created by this Lease with the fee estate in any of the Leased Premises by reason of the fact that the same Person may acquire or hold or own, directly or indirectly, (a) the leasehold estate created hereby or any part thereof or interest therein and (b) the fee estate in any of the Leased Premises or any part thereof or interest therein, 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. XXVIII.

Appears in 1 contract

Samples: Lease Agreement (Bon Ton Stores Inc)

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

Appears in 1 contract

Samples: Lease Agreement (Input Output Inc)

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

Appears in 1 contract

Samples: Lease Agreement (Pw Eagle Inc)

No Merger of Title. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in any ownership of the Leased Premises Property by reason of the fact that the same Person may acquire acquire, own or hold or ownhold, directly or indirectly, (a) this Lease or the leasehold estate created hereby by this Lease or any part thereof interest in this Lease or interest therein and (b) in the fee estate in any ownership of the Leased Premises or any part thereof or interest thereinParcel, and no such merger shall occur unless and until all Persons having any interest in (x) the interests described in leasehold estate created by this Lease (ay) and (b) above which are sought to be merged the fee ownership of the Property or any part thereof shall join in a written instrument effecting such merger and shall duly record the same.

Appears in 1 contract

Samples: Lease (Salomon Smith Barney Holdings Inc)

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

Appears in 1 contract

Samples: Lease Agreement (Hologic Inc)

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

Appears in 1 contract

Samples: Lease Agreement (Corporate Property Associates 16 Global Inc)

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