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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) the fee estate in or ownership of the Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 18 contracts
Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement, Lease Agreement (Progress Energy 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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities entities, including without limitation any of the Lenders, having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) the fee estate in or ownership of the Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 6 contracts
Samples: Lease Agreement (Finward Bancorp), Lease Agreement (Finward Bancorp), Lease Agreement (Finward Bancorp)
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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) the fee estate in or ownership of the Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 5 contracts
Samples: Asset Purchase Agreement (DineEquity, Inc), Lease Agreement (AEI Income & Growth Fund 26 LLC), Assignment and Assumption of Lease and Guaranty (AEI Income & Growth Fund 26 LLC)
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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any an interest in this Lease or in such leasehold estate and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) the fee estate in or ownership of the Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 3 contracts
Samples: Lease Agreement (Dave & Busters Inc), Lease Agreement (Dave & Busters Inc), Lease Agreement (Dave & Busters 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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities entities, including with limitation any of the Lenders, having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) the fee estate in or ownership of the Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 3 contracts
Samples: Lease Agreement (Plumas Bancorp), Lease Agreement (Plumas Bancorp), Lease Agreement (Susquehanna Bancshares 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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, ; firm or other entity may acquire or hold or own, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (bi) the fee estate or ownership of any of the Leased Premises premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, :firms and other entities having any interest in (ix) this Lease or the leasehold estate created by this Lease and an (iiy) the fee estate in or ownership of the Leased Premises including, without limitation; Lender's interest therein, or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
No Merger of Title. There shall be no merger of this Lease nor of or the leasehold estate created by this Lease with the fee estate in the Premises, Building and/or Property or ownership of any of the Leased Premises part thereof by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (a) this Lease or the leasehold estate created by this the Lease or any interest in this Lease or in any such leasehold estate estate; and (b) the fee estate in the Premises or ownership of any of the Leased Premises part thereof or any interest in such fee estate or ownership. No estate, and no such merger shall occur unless and until all persons, corporations, firms and other entities entities, including each Leasehold Mortgagee, having any interest in in: (i) this Lease or the leasehold estate created by this Lease Lease; and (ii) the fee estate in or ownership of the Leased Premises or any part thereof 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 (American Realty Capital Trust, 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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (bii) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (ix) this Lease or the leasehold estate created by this Lease and (iiy) the fee estate in or ownership of the Leased Premises including, without limitation, Lender’s interest therein, or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) the fee estate in or ownership of the Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate estate; and (bii) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (ix) this Lease or the leasehold estate created by this Lease and (iiy) the fee estate in or ownership of the Leased Premises including, without limitation, Lender’s interest therein, or any part thereof 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 (Smsa Gainesville Acquisition Corp.)
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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate estate, and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No ; and no such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) the fee estate in or ownership of the Leased Premises or any part thereof 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 (Hexcel Corp /De/)
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 or ownership of any of the each Individual Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (b) the fee estate or ownership of any of the each Individual Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all personsPersons, corporations, firms and other entities including Lender having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) the fee estate in or ownership of the any Individual Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Master Lease Agreement (CVSL Inc.)
No Merger of Title. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the leasehold estate of Lessor and or the fee estate in or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity person may acquire own or hold or own, directly or indirectly, (a) this Lease or both the leasehold estate created by this Lease or any interest therein, the leasehold estate or the fee estate in the Premises by reason of the fact that the same person may own or hold both the leasehold estate created by this Lease or in such any interest therein, the leasehold estate and (b) or the fee estate or ownership of any of in the Leased Premises or any interest in such fee estate or ownership. No therein; and no such merger shall occur unless and until all persons, corporations, firms and other persons or entities having any interest in (i) this Lease or the leasehold estate created by this Lease and (ii) or the fee estate in or ownership of the Leased Premises or any part thereof 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 (Mens Wearhouse 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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or of hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate estate, and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease Lease, and (ii) the fee estate in or ownership of the Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm person or other entity may acquire or acquire, hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any part thereof or interest therein or any interest of the Tenant in this Lease or in such leasehold estate Lease, and (b) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No ; and no such merger shall occur unless and until all persons, corporations, firms and other persons or entities having any interest in (i) this Lease as the Tenant or the leasehold estate created by this Lease Lease, and (ii) this Lease as the Landlord or the fee estate in or ownership of the Leased Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
No Merger of Title. There shall be no merger of this Ground Lease nor of or the leasehold estate created by this Ground Lease with the fee any other estate in the Property or ownership of any of the Leased Premises part thereof by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (aindirectly:(a) this Ground Lease or the leasehold estate created by this Ground Lease or any interest in this Ground Lease or in any such leasehold estate estate, and (b) any other estate in the fee estate Property and the Improvements or ownership of any of the Leased Premises part thereof or any interest in such fee estate or ownership. No estate, and no such merger shall occur unless and until all persons, corporations, firms and other entities entities, including any leasehold Mortgagee or leasehold Mortgagees, having any interest (including a security interest) in (i) this Ground Lease or the leasehold estate created by this Lease Ground Lease, and (ii) the fee any other estate in the Property or ownership of the Leased Premises Improvements or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
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 or ownership of any of the Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate and (bii) the fee estate or ownership of any of the Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (ix) this Lease or the leasehold estate created by this Lease and (iiy) the fee estate in or ownership of the Leased Premises including, without limitation, Lender's interest therein, or any part thereof 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 (Beckman Coulter Inc)