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, and reimbursable expenses incurred prior, to the date of termination and, if terminated or not renewed pursuant to Section 10 or assigned by the Company without the Manager’s consent pursuant to Section 11, 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 Subsidiaries; and (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries then in the custody of the Manager.

Appears in 6 contracts

Samples: Management Agreement (Orchid Island Capital, Inc.), Management Agreement (Orchid Island Capital, Inc.), Management Agreement (Bimini Capital Management, Inc.)

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Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 10 or 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, and reimbursable expenses incurred prior, accruing to the date of termination and, if (x) terminated pursuant to Section 11(b) hereof or (y) not renewed pursuant to Section 10 or assigned by the Company without the Manager’s consent pursuant 10(b) hereof (subject to Section 1110(c) hereof), the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses that have been submitted to which it is then entitledthe Company prior to the effective date of termination, pay over to the each Company or a Subsidiary Entity all money collected and held for the account of the such Company or a Subsidiary Entity 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 Subsidiaries; andEntities; (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries Entities then in the custody of the Manager; and (d) cooperate with the Company Entities to provide an orderly management transition, including, but not limited to, the transition to a new manager of control of the assets of the Company Entities.

Appears in 5 contracts

Samples: Management Agreement (Medalist Diversified REIT, Inc.), Management Agreement (Medalist Diversified REIT, Inc.), Management Agreement (HC Government Realty Trust, Inc.)

Action Upon Termination. From and after the effective date Date of termination Termination of this Agreement pursuant to Sections 10, 11 13 or 12 of this Agreement14, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid hereunder other than payment of all compensation accruing, and reimbursable expenses incurred prior, accruing for services rendered to the date effective Date of termination andTermination; provided, that if this Agreement is (x) terminated or not renewed pursuant to Section 10 or assigned by the Company without the Manager’s consent pursuant Sections 13(b) (subject to Section 1113(c)) or Section 14(b), the Manager shall also be entitled to receive the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses that have been submitted to which it is then entitledthe Company prior to the effective Date of Termination, 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 the Manager and a statement of all money held by itthe Manager, covering the period following the date of the last accounting furnished to the Board of Directors with respect to the Company and any Subsidiaries; andCompany; (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries then in the custody of the Manager; and (d) cooperate with the Company to provide an orderly management transition, including the transition to a new manager of control of the assets of the Company.

Appears in 4 contracts

Samples: Management Agreement (Alpine Income Property Trust, Inc.), Management Agreement (Consolidated Tomoka Land Co), Management Agreement (Consolidated Tomoka Land Co)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 11 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, and reimbursable expenses incurred prior, accruing to the date of termination and, if terminated pursuant to section 12(b) hereof or not renewed pursuant to Section 10 or assigned by the Company without the Manager’s consent pursuant 10(b) hereof (subject to Section 1110(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 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 Subsidiaries; and (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries then in the custody of the ManagerAdvisor.

Appears in 3 contracts

Samples: Advisory Agreement (FundCore Institutional Income Trust Inc.), Advisory Agreement (FundCore Institutional Income Trust Inc.), Advisory Agreement (FundCore Institutional Income Trust Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 11 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, and reimbursable expenses incurred prior, accruing to the date of termination and, if terminated pursuant to section 12(b) hereof or not renewed pursuant to Section 10 or assigned by the Company without the Manager’s consent pursuant 10(b) hereof (subject to Section 1110(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 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 Subsidiaries; and (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries then in the custody of the Manager.

Appears in 2 contracts

Samples: Management Agreement (Starwood Property Trust, Inc.), Management Agreement (Starwood Property Trust, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement Agreement, pursuant to Sections 1014, 11 15 or 12 16 of this Agreement, the Manager Advisor shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing, and reimbursable expenses incurred prior, accruing to the date of termination andtermination, if terminated or not renewed pursuant to including deferred incentive compensation which is recoverable in accordance with Section 10 or assigned by the Company without the Manager’s consent pursuant to Section 11, the Termination Fee7(c) of this Agreement. 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 any of its Subsidiaries all money collected and held for the account of the Company or a Subsidiary any of its Subsidiaries 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 or any of its Subsidiaries; and (c) deliver to the Board of Directors all property and documents of the Company and or any of its Subsidiaries then in the custody of the ManagerAdvisor.

Appears in 2 contracts

Samples: Advisory Agreement (America First Mortgage Investments Inc), Advisory Agreement (America First Mortgage Investments Inc)

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Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 1011, 11 12, or 12 13 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid all compensation accruing, and reimbursable expenses incurred prior, accruing to the date of termination and, if terminated pursuant to Section 13(b) hereof or not renewed pursuant to Section 10 or assigned by the Company without the Manager’s consent pursuant 11(b) hereof (subject to Section 1111(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 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 Subsidiaries; and (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries then in the custody of the Manager.

Appears in 2 contracts

Samples: Management Agreement (Starwood Waypoint Residential Trust), Management Agreement (Starwood Waypoint Residential Trust)

Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Sections 10, 10 or 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, and reimbursable expenses incurred prior, accruing to the date of termination and, if (x) terminated pursuant to Section 11(b) hereof or (y) not renewed pursuant to Section 10 or assigned by the Company without the Manager’s consent pursuant 10(b) hereof (subject to Section 1110(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 that have been submitted to which it is then entitledthe Company prior to the effective date of termination, pay over to the each Company or a Subsidiary Entity all money collected and held for the account of the such Company or a Subsidiary Entity 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 Subsidiaries; andEntities; (c) deliver to the Board of Directors all property and documents of the Company and any Subsidiaries Entities then in the custody of the ManagerAdvisor; and (d) cooperate with the Company Entities to provide an orderly management transition, including, but not limited to, the transition to a new manager of control of the assets of the Company Entities.

Appears in 2 contracts

Samples: Advisory Agreement (CapRocq Core REIT, Inc.), Advisory Agreement (CapRocq Core REIT, Inc.)

Action Upon Termination. From and after the effective date Date of termination Termination of this Agreement pursuant to Sections 10, 11 13 or 12 of this Agreement14, the Manager shall not be entitled to compensation for further services hereunder, but shall be paid hereunder other than payment of all compensation accruing, and reimbursable expenses incurred prior, accruing for services rendered to the date effective Date of termination andTermination; provided, that if this Agreement is (x) terminated or not renewed pursuant to Section 10 or assigned by the Company without the Manager’s consent pursuant Sections 13(b) (subject to Section 1113(c)) or Section 14(b), the Manager shall also be entitled to receive the Termination Fee. Upon any such termination, the Manager shall forthwith: (a) after deducting any accrued compensation and reimbursement for its expenses that have been submitted to which it is then entitledthe Company prior to the effective Date of Termination, 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 Trustees a full accounting, including a statement showing all payments collected by it the Manager and a statement of all money held by itthe Manager, covering the period following the date of the last accounting furnished to the Board of Directors Trustees with respect to the Company and any Subsidiaries; andCompany; (c) deliver to the Board of Directors Trustees all property and documents of the Company and any Subsidiaries then in the custody of the Manager; and (d) cooperate with the Company to provide an orderly management transition, including the transition to a new manager of control of the assets of the Company.

Appears in 1 contract

Samples: Management Agreement

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