5-334 - Option or right to acquire interest in property.

§ 5-334. Option or right to acquire interest in property. 1. An option  or right to acquire an equity or other ownership interest in property or  in  a partnership, corporation, trust or other entity that owns property  shall not be unenforceable because the owner  of  such  interest  grants  such option or right to the holder of a mortgage which is a lien on such  property  or  to  the  holder  of  a security interest in such property,  simultaneously with or in connection with any  loan  or  forbearance  of  money secured by such mortgage or security interest, if (a) the power to  exercise  such option or right is not dependent upon the occurrence of a  default with respect to such loan,  forbearance,  mortgage  or  security  interest,  and  (b) such loan or forbearance is for the principal sum of  two million five hundred thousand dollars or more  when  the  option  or  right  is  granted.  Loans  or forbearances aggregating two million five  hundred thousand dollars or more which are to be made or advanced to any  one borrower in one or more installments pursuant to a written agreement  by one or more lenders shall be deemed a single loan or forbearance  for  the  total  amount  which  the  lender or lenders have agreed to make or  advance pursuant to such agreement.    2. This section shall not be construed to limit, impair  or  otherwise  affect  the  power  of  the  holder of any option or right to acquire an  equity or other ownership interest in  property  or  in  a  partnership,  corporation, trust or other entity that owns property, if such option or  right is or would be enforceable without reference to this section.    3.  This  section  shall  apply  to  all  options  or rights which are  exercised  on  or  after   the   effective   date   of   this   section,  notwithstanding the date when such options or rights were granted.