Nonmerger. The terms and provisions of this Agreement shall not merge in, but shall survive, the Closing of the transaction contemplated hereunder and the deed to be delivered pursuant hereto.
Nonmerger. The reversionary interest of the Ground Lessor in the Ground Interest shall not merge into any interest in the Ground Interest conveyed by this Site Lease even if such reversionary interest and such interest leased are at any time vested in or held directly or indirectly by the same Person, but this Site Lease shall nonetheless remain in full force and effect in accordance with its terms notwithstanding such vesting or holding unless and until the Person holding such interests shall execute an instrument effecting such merger and shall duly record such instrument. No such instrument of merger shall be executed and recorded unless and until the Lien of the Lease Indenture on the Indenture Estate has been discharged in accordance with the terms thereof.
Nonmerger. There shall be no merger of this Lease, or of the leasehold estate created by this Lease, with the fee estate in the Premises by reason of the fact that this Lease, the leasehold estate created by this Lease, or any interest in this Lease or in any such leasehold estate, may be held, directly or indirectly, by or for the account of any person who shall own the fee estate in the Premises or any interest in such fee estate, and no such merger shall occur unless and until all persons at the time having an interest in the fee estate in the Premises and all persons (including all Permitted Leasehold Mortgagees) having an interest in this Lease, or in the leasehold estate created by this Lease, shall join in a written instrument effecting such merger and shall duly record the same.
Nonmerger. If both Port's and Xxxxxx's estates in the Property or the improvements or both become vested in the same owner, this Lease shall nevertheless not be destroyed by application of the doctrine of merger except by the express election of the owner and the consent of the mortgagee or mortgagees under all mortgages existing upon the Property.
Nonmerger. The reversionary interests of the Head Lessor in the Facility shall not merge into any interests in the Facility leased by, through or under this Head Lease even if such reversionary interests and such leased interests are at any time vested in or held directly or indirectly by the same Person, but this Head Lease shall nonetheless remain in full force and effect in accordance with its terms notwithstanding such vesting or holding. Notwithstanding this Section 11, nothing shall preclude termination of this Head Lease pursuant to Section 6.1.
Nonmerger. This Bid Offer and Agreement shall survive all documents of closing and all covenants contained herein shall be enforceable after closing.
Nonmerger. This Lease shall not terminate as to the Permitted Leasehold Mortgagee because of any conveyance of Tenant’s Leasehold Estate or any portion thereof to Landlord or of the Landlord’s interest in the Property to the Tenant. Accordingly, if the Leasehold Estate and the fee estate are commonly held, then they shall remain separate and distinct estates. They shall not merge without the written consent of all Permitted Leasehold Mortgagees.
Nonmerger. 20 SECTION 11. INDEMNIFICATION................................................. 20 SECTION 12. SECURITY FOR GROUND LESSEE'S OBLIGATION UNDER LESSOR NOTE....... 20 SECTION 13. MISCELLANEOUS................................................... 21
Nonmerger. 7 SECTION 10. SECURITY FOR OWNER LESSOR'S OBLIGATION UNDER LESSOR NOTE................... 7 SECTION 11. INSPECTION................................................................. 8
Nonmerger. In the event Optionee holds at Closing any other interest in or title to the Property or any portion thereof, the acquisition of fee title shall not effect a merger of title unless such intent is expressly stated in the Deed to the Property accepted by Optionee.
