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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 15, 17 or 18 hereof, the Advisor, except as provided in Section 11, shall not be entitled to compensation for further services hereunder but shall be paid all compensation 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 11(b) hereof. The Advisor shall forthwith upon such termination: (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; (b) deliver to the Directors a full accounting, including a statement showing all payments collected by it and a statement of all moneys held by it, covering the period following the date of the last accounting furnished to the Directors; (c) deliver to the Directors all property and documents of the Corporation then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transition.

Appears in 2 contracts

Samples: Advisory, Administrative Services and Facilities Agreement (National Healthcare Corp), Advisory, Administrative Services and Facilities Agreement (National Health Realty Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 15, 17 or 18 hereof, the Advisor, except as provided in Section 11, 12 or 13, the Manager shall not be entitled to compensation for further services hereunder but shall be paid all compensation accruing except for Fees Accrued Upon Termination which are payable pursuant to the date of this Agreement. Upon any such termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 11(b) hereof. The Advisor Manager shall forthwith upon such terminationforth-with: (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 Directors Board a full accounting, including a statement showing all payments collected by it and a statement of all moneys money held by it, covering the period following the date of the last accounting furnished to the DirectorsBoard with respect to the Company Entities; (c) deliver to the Directors Board all property and documents of the Corporation Company Entities then in the custody of the Advisor in its capacity as suchManager; and (d) cooperate with the Directors Company Entities to provide an orderly management transition.

Appears in 2 contracts

Samples: Management Agreement (Wheeler Real Estate Investment Trust, Inc.), Management Agreement (Wheeler Real Estate Investment Trust, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 1513 or 14, 17 or 18 hereof, the Advisor, except as provided in Section 11, Manager shall not be entitled to compensation for further services hereunder under this Agreement but shall be paid all compensation accruing to the date of such termination and the Termination Fee, if applicable. Upon such termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 11(b) hereof. The Advisor Manager shall forthwith upon such terminationforthwith: (a) after deducting any accrued compensation and reimbursement for Reimbursable Expenses to which it is then entitled, pay over to the Corporation Company all moneys money collected and held for the account of the Corporation Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (b) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company; and (c) deliver to the Board of Directors all property and documents of the Corporation Company provided to or obtained by Manager pursuant to or in connection with this Agreement, including all copies and extracts thereof in whatever form, then in the custody of the Advisor in Manager’s possession or under its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitioncontrol.

Appears in 2 contracts

Samples: Management and Advisory Agreement (Arbor Realty Trust Inc), Management and Advisory Agreement (Arbor Realty Trust Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, Agreement pursuant to Sections 1510, 17 11, or 18 hereof12 of this Agreement, the Advisor, except as provided in Section 11, Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination. Upon any such termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 11(b) hereof. The Advisor shall forthwith upon such terminationforthwith: (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 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 Directors Board a full accounting, including a statement showing all payments collected by it and a statement of all moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board with respect to the Company and any Subsidiaries; and (c) deliver to the Directors Board all property and documents of the Corporation Company and any Subsidiaries then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionAdvisor.

Appears in 2 contracts

Samples: Advisory Agreement (American Realty Capital Centers, Inc.), Acquisition and Capital Services Agreement (American Realty Capital Properties, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 15, 17 or 18 hereofexcept as otherwise specified in of this Agreement, the Advisor, except as provided in Section 11, Manager shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation 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 11(b) hereof,. The Advisor shall forthwith upon 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 the Company or any subsidiary of the Company all money collected and held for the account of the Company or any subsidiary of the Company 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 moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company or any subsidiary of the Company; and (c) deliver to the Board of Directors all property and documents of the Corporation Company or any subsidiary of the Company then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionManager.

Appears in 2 contracts

Samples: Management Agreement (Del Mar Income Partners LTD), Management Agreement (Del Mar Income Partners LTD)

Action Upon Termination. From and after the effective date of termination or assignment of this Agreement pursuant to Sections 10, 11, or 12 of this Agreement, pursuant to Sections 15, 17 or 18 hereof, the Advisor, except as provided in Section 11, Manager shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 12(b) or not renewed pursuant to Section 10, the Termination Fee. Upon any such termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 11(b) hereof. The Advisor Manager shall forthwith upon such terminationforthwith: (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 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 Directors Board a full accounting, including a statement showing all payments collected by it and a statement of all moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board with respect to the Company and any Subsidiaries; and (c) deliver to the Directors Board all property and documents of the Corporation Company and any Subsidiaries then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionManager.

Appears in 2 contracts

Samples: Management Agreement (Western Asset Mortgage Capital Corp), Management Agreement (Western Asset Mortgage Capital Corp)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 15, 17 14 or 18 hereof16 of this Agreement, the Advisor, except as provided in Section 11, Manager shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation 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 11(b) hereof. The Advisor shall forthwith upon Upon such termination, the Manager shall promptly: (ai) 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 the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (bii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company or a Subsidiary; and (ciii) deliver to the Board of Directors all property and documents of the Corporation Company or any Subsidiary then in the custody or control of the Advisor in its capacity as such; and (d) cooperate with Manager, all of which are and shall be the Directors to provide an orderly management transitionCompany’s property.

Appears in 2 contracts

Samples: Management Agreement (Safety, Income & Growth, Inc.), Management Agreement (Safety, Income & Growth, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 1513, 17 14 or 18 hereof15 of this Agreement, the Advisor, except as provided in Section 11, Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination. Upon such termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 11(b) hereof. The Advisor shall forthwith upon such terminationforthwith: (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 the Company or any of its Subsidiaries all money collected and held for the account of the Company or 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 moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company or any of its Subsidiaries; and (c) deliver to the Board of Directors all property and documents of the Corporation Company or any of its Subsidiaries then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionAdvisor.

Appears in 2 contracts

Samples: Advisory Agreement (America First Apartment Investors Inc), Advisory Agreement (America First Apartment Investors Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 15, 17 13 or 18 hereof15 of this Agreement, the Advisor, except as provided in Section 11, Manager shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation 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 11(b) hereof. The Advisor shall forthwith upon Upon such termination, the Manager shall forthwith: (ai) 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 the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (bii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company or a Subsidiary; and (ciii) deliver to the Board of Directors all property and documents of the Corporation Company or any Subsidiary then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionManager.

Appears in 1 contract

Samples: Management Agreement (Annaly Capital Management Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 15, 17 or 18 hereof, the Advisor, except as provided in Section 11, The Advisor shall not be entitled to compensation after the date of termination of this Agreement for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination. Subject to the provisions of Section 12, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 11(b) hereof. The Advisor shall forthwith upon such terminationa termination caused by factors other than the listing for trading of the Shares on a national stock exchange or market: (a) pay Pay over to the Corporation Company all moneys monies collected and held for the account of the Corporation Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled; (b) deliver Deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all moneys monies held by it, covering the period following the date of the last accounting furnished to the Board of Directors; (c) deliver Deliver to the Board of Directors all property and documents of the Corporation Company then in the custody of the Advisor in its capacity as suchAdvisor; and (d) cooperate Cooperate with the Company and take all reasonable steps requested by the Company to assist the Board of Directors to provide in making an orderly management transitiontransition of the advisory function.

Appears in 1 contract

Samples: Advisory Agreement (G Reit Inc)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 1513, 17 14, or 18 hereof15 of this Agreement, the Advisor, except as provided in Section 11, Manager shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation 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 11(b) hereof. The Advisor shall forthwith upon Upon such termination, the Manager shall forthwith: (ai) 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 the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (bii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company or a Subsidiary; and (ciii) deliver to the Board of Directors all property and documents of the Corporation Company or any Subsidiary then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionManager.

Appears in 1 contract

Samples: Management Agreement (GSC Capital Corp)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 15Section 13, 17 Section 14, or 18 hereofSection 15 of this Agreement, the Advisor, except as provided in Section 11, Manager shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation 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 11(b) hereof. The Advisor shall forthwith upon Upon such termination, the Manager shall forthwith: (ai) 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 the Company or a Subsidiary all money collected and held for the account of the Company or a Subsidiary pursuant to this Agreement; (bii) deliver to the Board of Directors a full accounting, including a statement showing all payments collected by it and a statement of all moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company or a Subsidiary; and (ciii) deliver to the Board of Directors all property and documents of the Corporation Company or any Subsidiary then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionManager.

Appears in 1 contract

Samples: Management Agreement (GSC Capital Corp)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 15Section 8(b), 17 13, 14(a) or 18 hereof15 of this Agreement, the Advisor, except as provided in Section 11, Manager shall not be entitled to compensation for further services hereunder under this Agreement, but shall be paid all compensation 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 11(b) hereof. The Advisor shall forthwith upon 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 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 moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company or a Subsidiary; and (c) deliver to the Board of Directors all property and documents of the Corporation Company or any Subsidiary then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionManager.

Appears in 1 contract

Samples: Management Agreement (Owens Realty Mortgage, Inc.)

Action Upon Termination. From and after the effective date of termination of this Agreement, pursuant to Sections 15, 17 or 18 hereof, the Advisor, except as provided in Section 11, Advisor shall not be entitled to compensation for further services hereunder hereunder, but shall be paid all compensation accruing to the date of termination or provided in this Agreement. Upon such termination, including compensation the payment of which may have been deferred as a result of the condition to payment set forth in Section 11(b) hereof. The Advisor shall forthwith upon such terminationforthwith: (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 the Company or any of its Subsidiaries all money collected and held for the account of the Company or 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 moneys money held by it, covering the period following the date of the last accounting furnished to the Directors;Board of Directors with respect to the Company or any of its Subsidiaries; and (c) deliver to the Board of Directors all property and documents of the Corporation Company any of its Subsidiaries then in the custody of the Advisor in its capacity as such; and (d) cooperate with the Directors to provide an orderly management transitionAdvisor.

Appears in 1 contract

Samples: Advisory Agreement (America First Real Estate Investment Co Inc)