Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Section 11, 12 or 13, the Manager shall not be entitled to compensation for further services hereunder. If the Manager is terminated pursuant to Sections 11(b) or 13(b), it shall be paid all Fees Accrued Upon Termination. 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 each Company Entity all money collected and held for the account of such Company Entity 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 Entities; (c) deliver to the Board all property and documents of the Company Entities then in the custody of the Manager; and (d) cooperate with the Company Entities to provide an orderly management transition.
Appears in 8 contracts
Samples: Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc), Management Agreement (Preferred Apartment Communities Inc)
Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Section Sections 10, 11, or 12 or 13of this Agreement, the Manager shall not be entitled to compensation for further services hereunder. If the Manager is terminated pursuant to Sections 11(b) or 13(b), it but shall be paid all Fees Accrued Upon Terminationcompensation accruing to the date of termination. 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 each the Company Entity or a Subsidiary all money collected and held for the account of such the Company Entity 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 Entities;and any Subsidiaries; and
(c) deliver to the Board all property and documents of the Company Entities and any Subsidiaries then in the custody of the Manager; and
(d) cooperate with the Company Entities to provide an orderly management transition.
Appears in 5 contracts
Samples: Management Agreement (American Realty Capital Properties, Inc.), Merger Agreement (American Realty Capital Trust III, Inc.), Acquisition and Capital Services Agreement and Management Agreement (American Realty Capital Properties, Inc.)
Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Section 11, 12 or 13Agreement, the Manager shall not be entitled to compensation for further services hereunder. If the Manager is terminated pursuant to Sections 11(b) or 13(b), it but shall be paid all Fees Accrued Upon Terminationcompensation accruing to the date of termination and, if terminated for any reason other than for "cause" under Section 14, the applicable termination fee. Upon any such termination, the Manager shall forthwith:
(a) after deducting any accrued compensation compensation, any applicable termination fee and reimbursement for its expenses permitted hereunder to which it is then entitled, promptly pay over to each the Company Entity all money collected and held for the account of such the Company Entity pursuant to this Agreement;
(b) deliver to the Board of Trust Managers a full accounting, including a statement showing all payments collected by it, all expenses incurred 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 Trust Managers with respect to the Company Entities;Company; and
(c) deliver to the Board of Trust Managers all property property, documents, records and documents reports of the Company Entities or pertaining to the Company's assets or operations then in the custody of the Manager; and
(d) cooperate with the Company Entities to provide an orderly management transition.
Appears in 3 contracts
Samples: Management Agreement (Amresco Capital Trust), Management Agreement (Amresco Capital Trust), Management Agreement (Amresco Capital Trust)
Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Section Sections 11, 12 12, or 1313 of this Agreement, the Manager Advisor shall not be entitled to compensation for further services hereunder. If the Manager is terminated pursuant to Sections 11(b) or 13(b), it but shall be paid all Fees Accrued Upon Terminationcompensation accruing to the date of termination and, if terminated or not renewed, pursuant to Section 11, 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 each the Company Entity all money collected and held for the account of such the Company 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 Entities;Company; and
(c) deliver to the Board of Directors all property and documents of the Company Entities then in the custody of the Manager; and
(d) Advisor and cooperate with the Company Entities on any transition to provide an orderly management transitiona new advisor.
Appears in 3 contracts
Samples: Advisory Agreement (Lexington Realty Trust), Advisory Agreement (Lexington Corporate Properties Trust), Advisory Agreement (Lexington Strategic Asset Corp)
Action Upon Termination. From and after the effective date of ----------------------- termination of this Agreement Agreement, pursuant to Sections 10, 11 or 12 of this Agreement, except as otherwise specified in Section 11, 12 or 1310.2 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder. If the Manager is terminated pursuant to Sections 11(b) or 13(b)under this Agreement, it but shall be paid all Fees Accrued Upon TerminationBase and Incentive Management Compensation accruing to the date of termination. Upon any such termination, the Manager shall forthwith:
(a) 13.1 after deducting any accrued compensation Base and Incentive Management Compensation and reimbursement for its expenses to which it is then entitled, pay over to each the Company Entity or any subsidiary of the Company all money collected and held for the account of such the Company Entity or any subsidiary of the Company pursuant to this Agreement;
(b) 13.2 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 Entities;or any subsidiary of the Company; and
(c) 13.3 deliver to the Board of Directors all property and documents of the Company Entities or any subsidiary of the Company then in the custody of the Manager; and
(d) cooperate with the Company Entities to provide an orderly management transition.
Appears in 2 contracts
Samples: Management Agreement (Apex Mortgage Capital Inc), Management Agreement (Anworth Mortgage Asset Corp)
Action Upon Termination. From and after the effective date of termination of this Agreement pursuant to Section 11Sections 12, 12 13, or 1314 of this Agreement, the Manager shall not be entitled to compensation for further services hereunder. If the Manager is terminated pursuant to Sections 11(b) or 13(b), it but shall be paid all Fees Accrued Upon Terminationcompensation accruing to the date of termination and, if terminated by the Company pursuant to Section 12, the applicable 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 each the Company Entity all money collected and held for the account of such the Company Entity pursuant to this Agreement;
(b) deliver to the Board Company 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 Entities;Company; and
(c) deliver to the Board Company all property and documents of the Company Entities then in the custody of the Manager; and
(d) cooperate with the Company Entities to provide an orderly management transition.
Appears in 2 contracts
Samples: Management Agreement (Friedman Billings Ramsey Group Inc), Management Agreement (FBR Asset Investment Corp Md)
Action Upon Termination. From and after the effective date of termination of this Agreement Agreement, pursuant to Section 11Sections 10, 11 or 12 or 13of this Agreement, the Manager shall not be entitled to compensation for further services hereunder. If the Manager is terminated pursuant to Sections 11(b) or 13(b)under this Agreement, it but shall be paid all Fees Accrued Upon TerminationManagement Compensation accruing to the date of termination. Upon any such termination, the Manager shall forthwith:
(a) 13.1 after deducting any accrued compensation Management Compensation and reimbursement for its expenses to which it is then entitled, pay over to each the Company Entity all money collected and held for the account of such the Company Entity pursuant to this Agreement;
(b) 13.2 deliver to the Board of Directors, upon their request therefor, 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 Entities;Company; and
(c) 13.3 deliver to the Board of Directors all property and documents of the Company Entities then in the custody of the Manager; and
(d) cooperate with the Company Entities to provide an orderly management transition.
Appears in 1 contract
Samples: Management Agreement (Hanover Capital Mortgage Holdings Inc)
Action Upon Termination. From and after the effective date of termination of this Agreement Agreement, pursuant to Section 11Sections 14, 12 16 or 1317 hereof, the Manager Advisor, except as provided in Section 10, shall not be entitled to compensation for further services hereunder. If the Manager is terminated pursuant to Sections 11(b) or 13(b), it hereunder but shall be paid all Fees Accrued Upon Terminationcompensation accruing to the date of termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 10(b) hereof. Upon any The Advisor shall forthwith upon such termination, the Manager shall forthwith:
(a) pay over to the Corporation all moneys collected and held for the account of the Corporation pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled, pay over to each Company Entity all money collected and held for the account of such Company Entity pursuant to this Agreement;
(b) deliver to the Board Directors a full accounting, including a statement showing all payments collected by it and a statement of all money moneys held by it, covering the period following the date of the last accounting furnished to the Board with respect to the Company EntitiesDirectors;
(c) deliver to the Board Directors all property and documents of the Company Entities Corporation then in the custody of the ManagerAdvisor in its capacity as such; and
(d) cooperate with the Company Entities Directors to provide an orderly management transition.
Appears in 1 contract
Samples: Advisory, Administrative Services and Facilities Agreement (National Healthcare Corp)