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HomeMy WebLinkAboutEmail-Joshua SteinJackson, Robin Jones From: JOSHUA.STEIN@Iw.com Sent: Thursday, April 23, 2009 4:02 PM To: Iser@flagstonegroup.com; Jackson, Robin Jones; Bru, Julie Subject: Proposed Language I would propose the following summary of the effect of ground lease termination -- If the City validly terminates the ground lease upon an Event of Default and the expiration of all applicable cure periods (and new lease rights) and the nonexercise of all applicable cure rights (and new lease rights) under the ground lease, then such termination of the ground lease shall automatically and with no further action by anyone result in the termination of any and all estates directly or indirectly arising from the ground lease, including leasehold mortgages, subleases, subleasehold mortgages, and interests under any project declaration that attaches to the ground lease (all, collectively, the "Lease -Derived Estates"). No Lease -Derived Estate shall survive such termination. No Lease -Derived Estate shall attach to or burden the City's fee interest in the leased premises after any such termination. Nothing in this. -paragraph limits the effect of, or any person's rights or the City's obligations under, any contractual nondisturbance agreements entered into by the City. Joshua Stein LATHAtJf s WATKINS LLP LIC ECO FOR (212) 906-1342 (Office) (917) 721-9143 (Mobile) ITEM Q 2 ioshua.stein(@Iw.com 1 � e q ON Y' � ro . www.lw.com www.joshuastein.com To comply with.IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used, and cannot be used by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. For more information please go to http://www.1w.com/docs/irs.;Ddf This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the -sender and delete all copies. Latham & Watkins LLP 1