Common use of Action Upon Termination Clause in Contracts

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 11, or 12 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board with respect to the Company and any Subsidiaries; and (c) deliver to the Board all property and documents of the Company and any Subsidiaries then in the custody of the Manager, provided that the Manager shall be permitted to retain copies of such documents for its records, and if so retained, the Manager shall continue to be bound by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect to the retained documents.

Appears in 8 contracts

Samples: Management Agreement (Cim Real Estate Finance Trust, Inc.), Management Agreement (Cole Credit Property Trust Iv, Inc.), Management Agreement (KKR Real Estate Finance Trust Inc.)

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Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 11, Section 17 or 12 of this Agreement18, the Manager shall not be entitled to compensation for further services hereunderpursuant to Section 10 or 11, but the Manager shall be paid all compensation accruing due for services performed prior to the effective date of such termination and, if this Agreement is terminated pursuant to Section 12(b18(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof17(b), the Termination Fee. Upon any such termination, the Manager shall forthwithshall, as promptly as practicable: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money monies collected and held for the account of the Company or a Subsidiary by the Manager pursuant to this Agreement, after deducting therefrom any accrued Management Fee, Incentive Fee, Termination Fee and any reimbursement for costs or expenses to which it or any of its Affiliates is then entitled; (b) deliver to the Board a full and complete accounting, including a statement showing all payments collected by it and a statement of all money monies held by it, covering it for the Company for the period commencing with the date following the date of the its last accounting furnished to the Board with respect to the Company and any SubsidiariesBoard; and (c) deliver to the Board all property and documents of the Company and any Subsidiaries then in the its custody of the Manageror possession; provided, provided that the Manager shall be permitted to retain copies of such documents for its records. The Manager shall compute the accrued and unpaid Management Fee and Incentive Fee and, and if so retainedto the extent applicable, the Manager Termination Fee and deliver to the Board within thirty (30) days following the effective date of termination. The accrued and unpaid Management Fee and Incentive Fee and, to the extent applicable, Termination Fee shall continue to be bound paid by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect Company within five (5) business days after the Manager’s delivery of such computation to the retained documentsBoard.

Appears in 4 contracts

Samples: Management Agreement (RMR Mortgage Trust), Management Agreement (Tremont Mortgage Trust), Management Agreement (Tremont Mortgage Trust)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 11, or 12 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 10(b) or Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board with respect to the Company and any Subsidiaries; and (c) deliver to the Board all property and documents of the Company and any Subsidiaries then in the custody of the Manager, provided that the Manager shall be permitted to retain copies of such documents for its records, and if so retained, the Manager shall continue to be bound by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect to the retained documents.

Appears in 2 contracts

Samples: Management Agreement (KKR Infrastructure Conglomerate LLC), Management Agreement (KKR Infrastructure Conglomerate LLC)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections Section 10, 11, or 12 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board with respect to the Company and any Subsidiaries; and (c) deliver to the Board all property and documents of the Company and any Subsidiaries then in the custody of the Manager, provided that the Manager shall be permitted to retain copies of such documents for its records, and if so retained, the Manager shall continue to be bound by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect to the retained documents.

Appears in 2 contracts

Samples: Management Agreement (TPG RE Finance Trust, Inc.), Management Agreement (TPG RE Finance Trust, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 1012, 1113, 14 or 12 15 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof)the Manager is so entitled in accordance with the terms of this Agreement, the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (b) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board of Directors with respect to the Company and any SubsidiariesSubsidiary; and (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries Subsidiary then in the custody of the Manager, ; provided that the Manager shall be permitted to retain copies of such documents for its records, and if so retained, the Manager shall continue to be bound by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect to the retained documents6 hereof.

Appears in 1 contract

Samples: Management Agreement (Five Oaks Investment Corp.)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10‎‎‎12, 11‎13, ‎14 or 12 ‎‎15 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof)the Manager is so entitled in accordance with the terms of this Agreement, the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (b) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board of Directors with respect to the Company and any SubsidiariesSubsidiary; and (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries Subsidiary then in the custody of the Manager, ; provided that the Manager shall be permitted to retain copies of such documents for its records, and if so retained, the Manager shall continue to be bound by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect to the retained documents‎Section 6 hereof.

Appears in 1 contract

Samples: Management Agreement (Hunt Companies Finance Trust, Inc.)

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Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 11, or 12 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board with respect to the Company and any Subsidiaries; and (c) deliver to the Board all property and documents of the Company and any Subsidiaries then in the custody of the Manager, provided provided, that the Manager shall be permitted to retain copies of such documents for its recordsrecords and, and if so retained, the Manager shall continue to be bound by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect to the retained documents.

Appears in 1 contract

Samples: Management Agreement (LoanCore Realty Trust, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 11, or 12 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination FeeFee as set forth in the applicable Section. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (b) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board with respect to the Company and any SubsidiariesSubsidiaries through the Effective Termination Date; and (c) deliver to the Board all property and documents of the Company and any Subsidiaries then in the custody of the Manager, provided that the Manager shall be permitted to retain copies of such documents for its records, and if so retained, the Manager shall continue to be bound by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect to the retained documents.

Appears in 1 contract

Samples: Management Agreement (Mma Capital Management, LLC)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 11, or 12 of this Agreement, the Manager Advisor shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) hereof or not renewed pursuant to Section 10(b) hereof (subject to Section 10(c) hereof), the Termination Fee. Upon any such termination, the Manager Advisor shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (b) deliver to the Company and the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Company and the Board with respect to the Company and any Subsidiaries; and (c) deliver to the Board Company and/or the Board, as applicable, all property and documents of the Company and any Subsidiaries then in the custody of the ManagerAdvisor, provided that the Manager Advisor shall be permitted to retain copies of such documents for its records, and if so retained, the Manager Advisor shall continue to be bound by the confidentiality obligations and other obligations set forth in Section 5 hereof with respect to the retained documents.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Cim Real Estate Finance Trust, Inc.)

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