Common use of Additional Activities of Manager Clause in Contracts

Additional Activities of Manager. Nothing herein shall prevent -------------------------------- the Manager or any of its Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including investment in, or advisory service to others investing in, any type of real estate investment (including investments which constitute Primary Investments for the Company); provided, however, that the Manager and its subsidiaries will grant a right of first refusal with respect to the Company's Primary Investments on the terms and conditions set forth below. Directors, officers, employees and agents of the Manager or Affiliates of the Manager may serve as directors, officers, employees, agents, nominees or signatories for the Company or any Subsidiary, to the extent permitted by their Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the Company's Governing Instruments. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company.

Additional Activities of Manager. Nothing herein shall prevent -------------------------------- the Manager or any of its Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including investment in, or advisory service to others investing in, any type of real estate investment (investment, including investments which constitute Primary Investments for that meet the principal investment objectives of the Company); provided, however, that . The Manager will allocate investment opportunities among investors for whom the Manager and its subsidiaries will grant a right of first refusal with respect to Affiliates manage assets based upon primary investment objectives, applicable investment restrictions, and such other factors as the Company's Primary Investments on Manager deems appropriate and fair under the terms and conditions set forth belowcircumstances. Directors, officers, employees and agents of the Manager or its Affiliates of the Manager may serve as directors, officers, employees, agents, nominees or signatories for the Company or any SubsidiaryCompany, to the extent permitted by their the Company's Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the Company's Governing Instruments. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company.

Additional Activities of Manager. Nothing Subject to the Non-Competition -------------------------------- Agreement by and between the Company and ICII, and the Right of First Refusal Agreement by and between ICII and ICIFC, nothing herein shall prevent -------------------------------- the Manager or any of its Affiliates from engaging in other businesses or from rendering services of any kind to any other person or entity, including investment in, in or advisory service to others investing in, in any type of real estate investment (investment, including investments which constitute Primary Investments for meet the principal investment objectives of the Company or any subsidiary of the Company); provided, however, that the Manager and its subsidiaries will grant a right of first refusal with respect to the Company's Primary Investments on the terms and conditions set forth below. Directors, officers, employees and agents of the Manager or Affiliates of the Manager may serve as directors, officers, employees, agents, nominees or signatories for the Company or any Subsidiarysubsidiary of the Company, to the extent permitted by their its Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the Company's its Governing Instruments. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company.

Additional Activities of Manager. Nothing herein shall prevent limit or -------------------------------- restrict the right of the Manager to engage in any business or any of its Affiliates from engaging in other businesses or from rendering to render services of any kind to any other person or entity, including investment inthe purchase of, or advisory service rendering advice to others investing inpurchasing, any type of real estate investment (including investments which constitute Primary Investments for assets that meet the Company); provided's policies and criteria, however, except that the Manager may not manage or advise another REIT or other entity that invests or intends to invest primarily in commercial and its subsidiaries will grant a right of first refusal with respect to the Company's Primary Investments on the terms and conditions set forth belowmultifamily Mortgage Loans or subordinated CMBS Interests. Directors, officers, employees and agents of the Manager or Affiliates of the Manager may serve as directors, officers, employees, agents, nominees or signatories for the Company or any Subsidiaryof its Subsidiaries, to the extent permitted by their Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the Company's or any of its Subsidiaries' Governing Instruments. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company.

Additional Activities of Manager. Nothing herein shall prevent -------------------------------- the Manager or its Affiliates, or any of its Affiliates Affiliated Manager from engaging in other businesses or from rendering services of any kind to any other person or entityentity (including, without limitation, FIC, Fortress Partners, L.P. and any subsidiary, Affiliate or preferred stock subsidiary of, or other entity directly or indirectly owned in whole or in part by, any of the foregoing), including investment in, in or advisory service to others investing in, in any type of real estate investment (investment, including investments which constitute Primary Investments for meet the Company); provided, however, that principal investment objectives of the Manager and Company or its subsidiaries will grant a right of first refusal with respect to the Company's Primary Investments on the terms and conditions set forth belowAffiliates. Directors, officers, employees and agents of the Manager and any Affiliated Manager, or Affiliates of the Manager either, may serve as directors, officers, employees, agents, nominees or signatories for the Company, any subsidiary or Affiliate of the Company or any Subsidiary, Affiliated Entity to the extent permitted not prohibited by their Governing Instruments, as from time to time amended, or by any resolutions duly adopted by the Board of Directors pursuant to the Companysuch entity's Governing Instruments. When executing documents or otherwise acting in such capacities for the Company, such persons shall use their respective titles in the Company.