Common use of Nonmerger Clause in Contracts

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.

Appears in 2 contracts

Samples: Site Lease Agreement (Dynegy Danskammer LLC), Participation Agreement (Dynegy Danskammer LLC)

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Nonmerger. The reversionary interest of the Ground Lessor Sublessee in the Ground Interest shall not merge into any interest in the Ground Interest conveyed by this Site Lease Sublease 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 Sublease 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.

Appears in 2 contracts

Samples: Participation Agreement (Dynegy Danskammer LLC), Site Sublease Agreement (Dynegy Danskammer LLC)

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 and Sublease 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 and Sublease 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.

Appears in 2 contracts

Samples: Site Lease and Sublease Agreement (PPL Montana LLC), Site Lease and Sublease Agreement (PPL Montana LLC)

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 terminated or discharged in accordance with the terms thereof.

Appears in 1 contract

Samples: Site Lease and Easement Agreement (Keyspan Corp)

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Nonmerger. The reversionary interest of the Ground Lessor Sublessee in the Ground Interest Facility Site shall not merge into any interest in the Ground Interest Facility Site conveyed by this Site Lease Sublease 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 Sublease 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 terminated or discharged in accordance with the terms thereof.

Appears in 1 contract

Samples: Site Sublease (Keyspan Corp)

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