Xx Merger. There shall be no merger of this Agreement or any subleasehold interest or estate created by this Agreement in any Site with any superior estate held by a Party by reason of the fact that the same Person may acquire, own or hold, directly or indirectly, both the subleasehold interest or estate created by this Agreement in any Site and such superior estate; and this Agreement shall not be terminated, in whole or as to any Site, except as expressly provided in this Agreement. Without limiting the generality of the foregoing provisions of this Section 27, there shall be no merger of the subleasehold interest or estate created by this Agreement in Tower Operator in any Site with any underlying fee interest that Tower Operator may acquire in any Site that is superior or prior to such subleasehold interest or estate created by this Agreement in Tower Operator. SECTION 00.
Xx Merger. The leaseback of the Project Site by the Developer to the District pursuant to the Facilities Lease shall not effect or result in a merger of the estates of the District in the Project Site, and the Developer shall continue to have a leasehold estate in the Project Site pursuant to this Site Lease throughout the term hereof.
Xx Merger. The Indebtedness is secured by a certain Mortgage dated as of _________, 20__ and recorded _________, 20__ in Liber ____, Page _______, _______ County Records and a certain unrecorded Security Agreement dated as of _________, 20__ and now held by Buyer, all of which are referred to as the “Collateral Documents.” It is expressly understood and agreed by the parties that the execution, delivery, acceptance, filing and recording of the Conveyance Instruments (as defined below) and the conveyances made thereby, and the execution, delivery and acceptance of the Assumption, shall not in any manner be deemed to be nor shall they operate as: (i) a merger with or the extinguishment or discharge of the Collateral Documents and/or the Indebtedness and that the Collateral Documents and Indebtedness are and shall hereafter continuously remain at all times, in full force and effect according to the tenor thereof; nor (ii) a merger of the interests of Buyer under the Collateral Documents and as the owner of the Property; nor (iii) waiver by Buyer of its claim of priority under the Collateral Documents over any other liens, mortgages or encumbrances now existing or hereafter placed upon the Property; nor (iv) affect or prejudice in any way, the right of Buyer to foreclose, in equity or otherwise, the Collateral Documents (including, the Mortgage) or exercise any and all of its available rights and remedies; except that the Buyer shall be substituted for the Seller, and all rights and remedies against Seller pursuant the Collateral Documents shall be exercisable only against the Buyer in its capacity as owner of the Property. The Collateral Documents and the liens, mortgages and encumbrances imposed by the Collateral Documents shall, in all respects, survive the execution, delivery, acceptance, filing and recording of the Conveyance Instruments, this being the express intent of the Seller and Buyer and it being in the best interests of Buyer.
Xx Merger. The terms and provisions of this Option Agreement shall not merge or be deemed to merge into the Contract.
Xx Merger. It is in the intent of the Grantors and Grantee that the Easement does not and will not merge with the Grantee’s other interests in the Premises, that the Easement shall survive any conveyance of the Grantee’s other interests in the Premises, and that the Easement shall continue to run with and be a burden on the Premises following any conveyance of the Grantee’s other interests in the Premises.
Xx Merger. The rights and obligations of the parties in respect of agreements, indemnities, covenants and warranties contained in this Agreement shall remain in full force and effect, be continuing agreements, indemnities, covenants and warranties and not be merged or extinguished by or upon termination of, or completion of any obligations under, this Agreement.
Xx Merger. The rights and obligations of the parties under this document do not merge on completion of any transaction contemplated by this document.
Xx Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or operate as an assignment to it of any or all such subleases or subtenancies.
Xx Merger. The easements granted hereby shall not terminate or expire by reason of the common ownership of the Health Club Parcel and the Tennis Parcel or the doctrine of merger.
Xx Merger. The rights and obligations of the Parties:
