No Merger. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in or ownership of any of the Properties by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate or ownership of any of the Properties or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Properties or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 17 contracts
Samples: Master Lease Agreement (Synalloy Corp), Master Lease Agreement (Synalloy Corp), Master Lease Agreement (21st Century Oncology Holdings, Inc.)
No Merger. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in or ownership of any of the Properties Property by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate or ownership of any of the Properties Property or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Properties Property or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 13 contracts
Samples: Facility Lease Agreement (MedEquities Realty Trust, Inc.), Lease Agreement (Iec Electronics Corp), Lease Agreement (Four Corners Property Trust, Inc.)
No Merger. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in or ownership of any of the Properties Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate or ownership of any of the Properties Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Properties Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Spirit Finance Corp), Lease Agreement (Spirit Finance Corp), Master Lease (Spirit Realty Capital, Inc.)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Leased Property or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease Lease, or any interest in this Lease or in any such leasehold estate, and (bii) the fee any such other estate or ownership of any of interest in the Properties Leased Property or any interest in such fee estate or ownership. No part thereof; and no such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a Security Interest) in (i) this Lease or the leasehold estate created by this Lease, ; and (ii) any such other estate or interest in the fee estate in or ownership of the Properties Leased Property or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 3 contracts
Samples: Master Lease (Carmike Cinemas Inc), Master Lease (Carmike Cinemas Inc), Master Lease (Helmstar Group Inc)
No Merger. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in or ownership of any of the Properties Property by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate or ownership of any of the Properties Property or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Properties Property or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 2 contracts
Samples: Lease Agreement (Nortech Systems Inc), Lease Agreement (Nortech Systems Inc)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease Lease, or any interest in this Lease or in any such leasehold estate, and (b) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownership. No part thereof, and no such merger shall occur unless and until all persons, corporations, firms firms, and other entities having any an interest (including a security interest) in (i) this Lease or the leasehold estate created by this Lease, ; and (ii) any such other estate or interest in the fee estate in or ownership of the Properties Premises, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 2 contracts
Samples: Master Lease (American Restaurant Group Inc), Master Lease (American Restaurant Group Inc)
No Merger. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in or ownership of any of the Properties Property by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate or ownership of any of the Properties Property or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Properties Property or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Cardiovascular Systems Inc), Lease Agreement (Cardiovascular Systems Inc)
No Merger. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in or ownership of any of the Properties Property by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (aA) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (bB) the fee estate or ownership of any of the Properties Property or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Properties Property or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 2 contracts
Samples: Lease Agreement (Casual Male Retail Group Inc), Lease Agreement (Grand Canyon Education, Inc.)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Property, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease Lease, or any interest in this Lease or in any such leasehold estate, and (bii) the fee any such other estate or ownership of any of interest in the Properties Property or any interest in such fee estate or ownership. No part thereof; and no such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Property, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Quality Dining Inc
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Trailer, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease Lease, or any interest in this Lease or in any such leasehold estate, and (bii) the fee any such other estate or ownership of any of interest in the Properties Trailer or any interest in such fee estate or ownership. No part thereof; and no such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Trailer, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Trailer Concession Lease
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, indirectly (ai) this Lease lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownership- part thereof. No such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Premises, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Assignment and Assumption of Lease Agreement (Aei Income & Growth Fund 25 LLC)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, ; and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownershippart thereof. No such merger shall occur unless and until all persons, corporations, corporations firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created Created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Premises, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Real Estate Fund Xviii Limited Partnership)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease Lease, or any interest in this Lease or in any such leasehold estate, and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownership. No part thereof; and no such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Premises, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfIrm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, ; and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownershippart thereof. No such merger shall occur unless and until all persons, corporations, firms firn1s and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Premises, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationrum, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, ; and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownershippart thereof. No such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Premises, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, ; and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownershippart thereof. No such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Premises, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxii LTD Partnership)
No Merger. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in or ownership of any of the Properties Leased Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate or ownership of any of the Properties Leased Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Properties or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.and
Appears in 1 contract
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, ; and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownershippart thereof. No such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease; and .(2) any such other estate or interest in the Premises, and (ii) the fee estate in or ownership of the Properties or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Net Lease Income & Growth Fund Xx Limited Partnership)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with any other estate or interest in the fee estate in Premises, or ownership of any of the Properties part thereof, by reason of the fact that the same person, corporationfirm, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease or the leasehold estate created by this Lease Lease, or any interest in this Lease or in any such leasehold estate, and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownership. No part thereof; and no such merger shall occur unless and until all persons, corporations, firms and other entities having any an interest (including a security interest) in (i) this Lease or the leasehold estate created by this Lease, ; and (ii) any such other estate or interest in the fee estate in or ownership of the Properties Premises, or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (Sothebys Holdings Inc)
No Merger. There shall be no merger of this Lease nor of Lease, or the leasehold estate created by this Lease Lease, with the fee any other estate in or ownership of interest inthe Premises, or any of the Properties part thereof, by reason of the fact that the same person,firm, corporation, firm corporation or other entity may acquire or hold own or ownhold, directly or indirectly, (ai) this Lease lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, ; and (bii) the fee any such other estate or ownership of any of interest in the Properties Premises or any interest in such fee estate or ownershippart thereof. No such merger shall occur unless and until all persons, corporations, ,firms and other entities having any an interest (including a security interest) in (i1) this Lease or the leasehold estate created by this Lease, ; and (ii2) any such other estate or interest in the fee estate in or ownership of the Properties Premises,or any part thereof sought to be merged thereof, shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Assignment and Assumption (Aei Income & Growth Fund 24 LLC)
No Merger. There shall be no merger of this Lease nor of the leasehold estate created by this Lease with the fee estate in or ownership of any of the Properties Premises by reason of the fact that the same person, corporation, firm or other entity may acquire or hold or own, directly or indirectly, (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in such leasehold estate, and (b) the fee estate or ownership of any of the Properties Premises or any interest in such fee estate or ownership. No such merger shall occur unless and until all persons, corporations, firms and other entities having any interest in (i) this Lease or the leasehold estate created by this Lease, and (ii) the fee estate in or ownership of the Properties Premises or any part thereof sought to be merged shall join in a written instrument effecting such merger and shall duly record the same.
Appears in 1 contract
Samples: Lease Agreement (Modiv Inc.)