Common use of Nonmerger of Fee and Leasehold Estates Clause in Contracts

Nonmerger of Fee and Leasehold Estates. If both Landlord's and Tenant's estates in the Leased Premises become vested in the same owner (other than by termination of this Lease following an Uncured Default hereunder, subject to the rights, if any, of a Lender pursuant to Article 8 above), this Lease shall not be terminated by application of the doctrine of merger except at the express election of Landlord and with the consent of any Lender(s) of a Leasehold Mortgage.

Nonmerger of Fee and Leasehold Estates. If both Landlord's ’s and Tenant's ’s estates in the Leased Premises become vested in the same owner (other than by termination of this Lease following an Uncured Default hereunder, subject to the rights, if any, of a Lender pursuant to Article 8 above), this Lease shall not be terminated by application of the doctrine of merger except at the express election of Landlord and with the consent of any Lender(s) of each Lender holding a Leasehold Mortgage.

Nonmerger of Fee and Leasehold Estates. If both Landlord's ’s and Tenant's ’s estates in the Leased Premises become vested in the same owner (other than by termination of this Lease following an Uncured Default hereunder, subject to the rights, if any, of a Lender pursuant to Article 8 above), this Lease shall not be terminated by application of the doctrine of merger except at the express election of Landlord the owner and with the consent of any Lender(s) of on a Leasehold Mortgage.

Nonmerger of Fee and Leasehold Estates. If Notwithstanding any other provision of this Lease to the contrary, if both Landlord's and Tenant's estates in the Leased Premises or the improvements or both become vested in the same owner (other than by termination of this Lease following an Uncured Default hereunder, subject to the rights, if any, of a Lender pursuant to Article 8 above)owner, this Lease shall nevertheless not be terminated be, destroyed by application of the doctrine of merger or any contrary provision of this Lease construable as requiring merger except at the express written election of Landlord and with the consent of any Lender(s) of a Leasehold Mortgageowner.

Nonmerger of Fee and Leasehold Estates. If both Landlord's ’s and Tenant's Xxxxxx’s estates in the Leased Premises become vested in the same owner (other than by termination of this Lease following an Uncured Default hereunder, subject to the rights, if any, of a Lender pursuant to Article 8 above), this Lease shall not be terminated by application of the doctrine of merger except at the express election of Landlord and with the consent of any Lender(s) of each Lender holding a Leasehold Mortgage.

Nonmerger of Fee and Leasehold Estates. ‌ If both Landlord's ’s and Tenant's ’s estates in the Leased Premises become vested in the same owner (other than by termination of this Lease following an Uncured Default hereunder, subject to the rights, if any, of a Lender pursuant to Article 8 above), this Lease shall not be terminated by application of the doctrine of merger except at the express election of Landlord and with the consent of any Lender(s) of each Lender holding a Leasehold Mortgage.

Nonmerger of Fee and Leasehold Estates. If both Landlord's ’s and Tenant's Xxxxxx’s estates in the Leased Premises become vested in the same owner (other than by termination of this Lease following an Uncured Default hereunder, subject to the rights, if any, of a Lender pursuant to Article 8 above), this Lease shall not be terminated by application of the doctrine of merger except at the express election of Landlord the owner and with the consent of any Lender(s) of on a Leasehold Mortgage.

Nonmerger of Fee and Leasehold Estates. If under any circumstances both Landlord's ’s and Tenant's ’s estates in the Leased Premises Premises, or any portions thereof, become vested in the same owner (other than by termination of this Lease following an Uncured Default hereunder, subject to the rights, if any, of a Lender pursuant to Article 8 above)owner, this Lease nevertheless shall not be terminated extinguished by application of the doctrine of merger except at the express election of Landlord the owner and with the express written consent of any Lender(s) of a Leasehold Mortgagethe beneficiary or beneficiaries under all trust deeds affecting the Premises and Tenant’s leasehold estate.