No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 44 contracts
Samples: Mortgage, Security Agreement (Titan International Inc), Indenture (Titan International Inc), Credit Agreement (Five Star Senior Living Inc.)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant or any third party by purchase or otherwise.
Appears in 14 contracts
Samples: Security Agreement (Houghton Mifflin Harcourt Co), Security Agreement (Houghton Mifflin Harcourt Co), Credit Agreement (Dean Foods Co)
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant lessee or any third party by purchase or otherwise.
Appears in 11 contracts
Samples: Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.), Lease Agreement (Westway Group, Inc.), Credit Agreement (Uap Holding Corp)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Trust Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant or any third party by purchase or otherwise.
Appears in 11 contracts
Samples: Fixture Filing and Security Agreement (GNLV Corp), Security Agreement (Pantry Inc), Fixture Filing and Security Agreement (GNLV Corp)
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant lessee or any third party by purchase or otherwise.
Appears in 10 contracts
Samples: Open End Mortgage, Security Agreement (Westway Group, Inc.), Credit Agreement (Uap Holding Corp), Mortgage Modification Agreement (Acadia Realty Trust)
No Merger of Estates. So long as any part of the Indebtedness Obligations and the Obligations Covenants secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant lessee or any third party by purchase or otherwise.
Appears in 8 contracts
Samples: Security Agreement (IAA Acquisition Corp.), Intercreditor Agreement (Edgen Murray II, L.P.), Intercreditor Agreement (Edgen Group Inc.)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 8 contracts
Samples: Credit Agreement (Dynegy Inc.), Credit Agreement (Dynegy Inc.), Intercreditor Agreement (Lannett Co Inc)
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby Secured Debt remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 7 contracts
Samples: Credit Agreement (CONSOL Energy Inc), Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Coal Resources LP)
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and unpaid, unperformed or undischarged, the fee fee, easement and leasehold estates to the Mortgaged Property shall not merge, merge but rather shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or lessee, any third third-party by purchase purchaser or otherwise.
Appears in 6 contracts
Samples: Security Agreement and Fixture Filing (Ascendia Brands, Inc.), Intercreditor Agreement (Angiotech Pharmaceuticals Inc), Ascendia Brands, Inc.
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and unperformed or undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, merge but rather shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant lessee, or any third party by purchase purchaser or otherwise.
Appears in 6 contracts
Samples: Term Credit Agreement (Powersecure International, Inc.), Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Credit Agreement (Powersecure International, Inc.)
No Merger of Estates. So long as any part of the Indebtedness and or the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 5 contracts
Samples: Credit Agreement (Dollar General Corp), Credit and Guaranty Agreement (Vca Antech Inc), Credit Agreement (First Data Corp)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeGrantee, any tenant or any third party by purchase or otherwise.
Appears in 4 contracts
Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)
No Merger of Estates. So long as part of the -------------------- Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 4 contracts
Samples: Sandhills Inc, Sandhills Inc, Sandhills Inc
No Merger of Estates. So long as part of the Indebtedness and the other Obligations secured hereby remain unpaid and undischarged, the fee fee, leasehold and leasehold subleasehold estates (if any) to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant or any third party by purchase or otherwise.
Appears in 4 contracts
Samples: Maxxam Inc, Maxxam Inc, Maxxam Inc
No Merger of Estates. So Without limitation of Section 4.2, so long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 3 contracts
Samples: Security Agreement, Security Agreement (Alliance Resource Partners Lp), Security Agreement (Alliance Holdings GP, L.P.)
No Merger of Estates. So long as any part of the Indebtedness Obligations and the Obligations Covenants secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant lessee or any third party by purchase or otherwise.
Appears in 3 contracts
Samples: M & F Worldwide Corp, M & F Worldwide Corp, M & F Worldwide Corp
No Merger of Estates. So long as any part of the Indebtedness and the Secured Obligations secured hereby remain remains unpaid and undischarged, the fee and leasehold estates to any of the Mortgaged Property Leases shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party party, by purchase or otherwise.
Appears in 3 contracts
Samples: Securities Purchase Agreement, Put Option Agreement, Intercreditor Agreement
No Merger of Estates. So long as any part of the Indebtedness and the Secured Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp)
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby Secured Debt remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant or any third party by purchase or otherwise.
Appears in 2 contracts
Samples: Collateral Trust Agreement (Consol Energy Inc), Security Agreement (Consol Energy Inc)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain remains unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall (if any) will not merge, but shall will remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Golf Trust of America Inc), Purchase and Sale Agreement (Golf Trust of America Inc)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 2 contracts
Samples: Indenture (Diversified Healthcare Trust), Supplemental Indenture (Office Properties Income Trust)
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and undischargedunpaid, unperformed or undercharged, the fee fee, easement and leasehold estates to the Mortgaged Property shall not merge, merge but rather shall remain separate and distinct, notwithstanding the union of such estates either in the Mortgagor, the Mortgagee, any tenant or lessee, any third third-party by purchase purchaser or otherwise.
Appears in 2 contracts
Samples: Mortgage, Security Agreement (Empire Resorts Inc), Mortgage, Security Agreement (Empire Resorts Inc)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.. ARTICLE 7
Appears in 1 contract
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 1 contract
Samples: Secondary Collateral Pledge Agreement (Golf Trust of America Inc)
No Merger of Estates. So long as part of the Indebtedness and the Secured Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.. Exhibit N
Appears in 1 contract
No Merger of Estates. So long as any part of the Indebtedness and or the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.. SECURITY AGREEMENT
Appears in 1 contract
No Merger of Estates. So long as any part of the Indebtedness and the Secured Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant lessee or any third party by purchase or otherwise.
Appears in 1 contract
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeGrantee, any tenant or any third party by purchase or otherwise.
Appears in 1 contract
Samples: Pantry Inc
No Merger of Estates. So long as part of the Indebtedness and the Secured Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Dixie Group Inc)
No Merger of Estates. So long as any part of the Indebtedness and or the Obligations secured hereby remain remains unpaid and unperformed or undischarged, the fee fee, leasehold, and leasehold estates to other possessory and non-possessory rights, titles, and interests constituting the Mortgaged Property shall not merge, merge but rather shall remain separate and distinct, notwithstanding the union of such estates either rights, titles, and interests in MortgagorGrantor, MortgageeBeneficiary, any tenant lessee, or any third party by purchase purchaser or otherwise.
Appears in 1 contract
Samples: Fiber Exchange Agreement (General Communication Inc)
No Merger of Estates. So long as any part of the Indebtedness and the Secured Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant lessee or any third party by purchase or otherwise..
Appears in 1 contract
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.. SECURITY AGREEMENT
Appears in 1 contract
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Secured Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeGrantee, any tenant lessee or any third party by purchase or otherwise.
Appears in 1 contract
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, MortgageeAgent, any tenant or any third party by purchase or otherwise.
Appears in 1 contract
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant or any third party by purchase or otherwise, unless and until Beneficiary and Trustee shall join in a written instrument expressly effecting such merger and shall duly record the same.
Appears in 1 contract
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant or any third party by purchase or otherwise.
Appears in 1 contract
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee estate and the leasehold estates estate (if any) to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant lessee or any third party by purchase or otherwise.
Appears in 1 contract
No Merger of Estates. So long as any part of the Indebtedness Obligations and the Obligations Covenants secured hereby remain unpaid and undischarged, the fee fee, leasehold and leasehold subleasebold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant lessee or any third party by purchase or otherwise.
Appears in 1 contract
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in MortgagorGrantor, MortgageeBeneficiary, any tenant or any third party by purchase or otherwise.]
Appears in 1 contract
Samples: Assignment and Assumption (Aventine Renewable Energy Holdings Inc)
No Merger of Estates. So long as any part of the Secured Indebtedness and the Obligations secured hereby remain unpaid and unperformed or undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, merge but rather shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, MortgageeAdministrative Agent, any tenant lessee, or any third party by purchase purchaser or otherwise.
Appears in 1 contract
Samples: Blonder Tongue Laboratories Inc
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, MortgageeLender, any tenant lessee or any third party by purchase or otherwise.
Appears in 1 contract
No Merger of Estates. So long as part any portion of the Indebtedness and the Obligations secured hereby remain unpaid and undischargedundischarged and the Commitments have not expired or been terminated, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 1 contract
Samples: Security Agreement (Hospitality Investors Trust, Inc.)
No Merger of Estates. So long as any part of the Indebtedness and the Obligations secured hereby remain unpaid and unperformed or undischarged, the fee and leasehold estates to the The Mortgaged Property shall not merge, merge but rather shall remain separate and distinct, notwithstanding the The union of such estates s either in Mortgagor, MortgageeGrantor Beneficiary, any tenant lessee, or any third party by purchase purchaser or otherwise.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Healthtech International Inc)
No Merger of Estates. So long as part of the Indebtedness and the Obligations secured hereby remain unpaid and undischarged, and to the extent permitted by applicable law, the fee and leasehold estates to the Mortgaged Property shall not merge, but shall remain separate and distinct, notwithstanding the union of such estates either in Mortgagor, Mortgagee, any tenant or any third party by purchase or otherwise.
Appears in 1 contract
