Common use of Termination Not Merger Clause in Contracts

Termination Not Merger. The voluntary sale or other surrender of this Lease by Lessee to Lessor, or a mutual cancellation thereof, or the termination thereof by Lessor pursuant to any provision contained herein, shall not work a merger, but at the option of Lessor shall either terminate any or all existing subleases or subtenancies hereunder, or operate as an assignment to Lessor of any or all of such subleases or subtenancies.

Appears in 4 contracts

Samples: Agreement of Purchase and Sale, Ground Lease (Vmware, Inc.), Ground Lease (Vmware, Inc.)

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Termination Not Merger. The voluntary sale or other surrender of this Lease by Lessee to Lessor, or a mutual cancellation thereof, of this Lease or the termination thereof of this Lease by Lessor pursuant to any provision contained herein, herein shall not work a merger, but at the option of merger unless Lessor shall either terminate any or all existing subleases or subtenancies hereunder, or operate as an assignment to Lessor of any or all of such subleases or subtenanciesso elects in its sole discretion and each Lender and Fee Lender has consented thereto in writing.

Appears in 2 contracts

Samples: Ground Lease (Morgans Hotel Group Co.), Ground Lease (Morgans Hotel Group Co.)

Termination Not Merger. The voluntary sale or other surrender of this Lease by Lessee to Lessor, or a mutual cancellation thereof, or the termination thereof by Lessor pursuant to any provision contained hereinin this Lease, shall will not work a merger, but but, at the option of Lessor shall Lessor, will either terminate any or all existing subleases Subleases or subtenancies hereunderother occupancy agreements on the Premises, or operate as an assignment to Lessor of any or all of such subleases Subleases or subtenanciesother occupancy agreements.

Appears in 1 contract

Samples: Initial Improvements Work Agreement

Termination Not Merger. The voluntary sale or other surrender of this Lease by Lessee to Lessor, or a mutual cancellation thereof, or the termination thereof by Lessor pursuant to any provision contained hereinin this Lease, shall not work a merger, but but, at the option of Lessor Lessor, shall either terminate any or all existing subleases or subtenancies hereunderon the Premises, or operate as an assignment to Lessor of any or all of such subleases or subtenancies.

Appears in 1 contract

Samples: Lease (Pebblebrook Hotel Trust)

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Termination Not Merger. The voluntary sale or other surrender of this Lease by Lessee to Lessor, or a mutual cancellation thereof, of this Lease or the termination thereof of this Lease by Lessor pursuant to any provision contained herein, herein shall not work a merger, but at the option of merger unless Lessor shall either terminate any or all existing subleases or subtenancies hereunder, or operate as an assignment to Lessor of any or all of such subleases or subtenanciesso elects in its sole discretion and each Lender has consented thereto in writing.

Appears in 1 contract

Samples: Equinix Inc

Termination Not Merger. The voluntary sale or other surrender of this Lease by Lessee to Lessor, or a mutual cancellation thereof, or the termination thereof by Lessor pursuant to any provision contained herein, shall not work a merger, but at the option of Lessor shall either terminate any or all existing subleases or subtenancies sub- tenancies hereunder, or operate as an assignment to Lessor of any or all of such subleases or subtenancies.

Appears in 1 contract

Samples: Ground Lease (Tibco Software Inc)

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