Common use of Annual Business Plan and Budget Clause in Contracts

Annual Business Plan and Budget. No later than January 15th of each year, the Advisor shall submit to the Directors a written Business Plan for the current Fiscal year of the Company. Such Business Plan shall include a twelve-month forecast of operations and cash flow with explicit assumptions and a general plan for asset sales or acquisitions, lending, foreclosure and borrowing activity, other investments or ventures and proposed securities offerings or repurchases or any proposed restructuring of the Company. To the extent possible, the Business Plan shall set forth the Advisor’s recommendations and the basis therefor with respect to all material investments of the Company. Upon approval by the Board of Directors, the Advisor shall be authorized to conduct the business of the Company in accordance with the explicit provisions of the Business Plan, specifically including the borrowing, leasing, maintenance, capital improvements, renovations and sale of investments set forth in the Business Plan. Any transaction or investment not explicitly provided for in the approved Business Plan shall require the prior approval of the Board of Directors unless made pursuant to authority expressly delegated to the Advisor. Within sixty (60) days of the end of each calendar quarter, the Advisor shall provide the Board of Directors with a report comparing the Company’s actual performance for such quarter against the Business Plan.

Appears in 5 contracts

Samples: Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/), Advisory Agreement (American Realty Investors Inc)

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Annual Business Plan and Budget. No later than January 15th of each year, the Advisor shall submit to the Directors a written Business Plan for the current Fiscal year Year of the Company. Such Business Plan shall include a twelve-month forecast of operations and cash flow with explicit assumptions and a general plan for asset sales or acquisitions, lending, foreclosure and borrowing activity, other investments or ventures and proposed securities offerings or repurchases or any proposed restructuring of the Company. To the extent possible, the Business Plan shall set forth the Advisor’s 's recommendations and the basis therefor with respect to all material investments of the Company. Upon approval by the Board of Directors, the Advisor shall be authorized to conduct the business of the Company in accordance with the explicit provisions of the Business Plan, specifically including the borrowing, leasing, maintenance, capital improvements, renovations and sale of investments set forth in the Business Plan. Any transaction or investment not explicitly provided for in the approved Business Plan shall require the prior approval of the Board of Directors unless made pursuant to authority expressly delegated to the Advisor. Within sixty (60) days of the end of each calendar quarter, the Advisor shall provide the Board of Directors with a report comparing the Company’s 's actual performance for such quarter against the Business Plan.

Appears in 5 contracts

Samples: Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/), Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/)

Annual Business Plan and Budget. No later than January 15th of each year, the Advisor shall submit to the Directors a written Business Plan for the current Fiscal year of the Company. Such Business Plan shall include a twelve-month forecast of operations and cash flow with explicit assumptions and a general plan for asset sales or acquisitions, lending, foreclosure and borrowing activity, other investments or ventures and proposed securities offerings or repurchases or any proposed restructuring of the Company. To the extent possible, the Business Plan shall set forth the Advisor’s 's recommendations and the basis therefor therefore with respect to all material investments of the Company. Upon approval by the Board of Directors, the Advisor shall be authorized to conduct the business of the Company in accordance with the explicit provisions of the Business Plan, specifically including the borrowing, leasing, maintenance, capital improvements, renovations and sale of investments set forth in the Business Plan. Any transaction or investment not explicitly provided for in the approved Business Plan shall require the prior approval of the Board of Directors unless made pursuant to authority expressly delegated to the Advisor. Within sixty (60) days of the end of each calendar quarter, the Advisor shall provide the Board of Directors with a report comparing the Company’s 's actual performance for such the quarter against the Business Plan.

Appears in 4 contracts

Samples: Advisory Agreement (New Concept Energy, Inc.), Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/), Advisory Agreement (American Realty Investors Inc)

Annual Business Plan and Budget. No later than January 15th of each year, the Advisor shall submit to the Directors Trustees a written Business Plan for the current Fiscal year Year of the CompanyTrust. Such Business Plan shall include a twelve-month forecast of operations and cash flow with explicit assumptions and a general plan for asset sales or acquisitions, lending, foreclosure and borrowing activity, other investments or ventures and proposed securities offerings or repurchases or any proposed restructuring of the CompanyTrust. To the extent possible, the Business Plan shall set forth the Advisor’s 's recommendations and the basis therefor with respect to all material investments of the CompanyTrust. Upon approval by the Board of DirectorsTrustees, the Advisor shall be authorized to conduct the business of the Company Trust in accordance with the explicit provisions of the Business Plan, specifically including the borrowing, leasing, maintenance, capital improvements, renovations and sale of investments set forth in the Business Plan. Any transaction or investment not explicitly provided for in the approved Business Plan shall require the prior approval of the Board of Directors Trustees unless made pursuant to authority expressly delegated to the Advisor. Within sixty (60) days of the end of each calendar quarter, the Advisor shall provide the Board of Directors Trustees with a report comparing the Company’s Trust's actual performance for such quarter against the Business Plan.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (American Realty Trust Inc), Advisory Agreement (Continental Mortgage & Equity Trust)

Annual Business Plan and Budget. No later than January 15th of each ------------------------------- year, the Advisor shall submit to the Directors a written Business Plan for the current Fiscal year Year of the Company. Such Business Plan shall include a twelve-twelve- month forecast of operations and cash flow with explicit assumptions and a general plan for asset sales or acquisitions, lending, foreclosure and borrowing activity, other investments or ventures and proposed securities offerings or repurchases or any proposed restructuring of the Company. To the extent possible, the Business Plan shall set forth the Advisor’s 's recommendations and the basis therefor with respect to all material investments of the Company. Upon approval by the Board of Directors, the Advisor shall be authorized to conduct the business of the Company in accordance with the explicit provisions of the Business Plan, specifically including the borrowing, leasing, maintenance, capital improvements, renovations and sale of investments set forth in the Business Plan. Any transaction or investment not explicitly provided for in the approved Business Plan shall require the prior approval of the Board of Directors unless made pursuant to authority expressly delegated to the Advisor. Within sixty (60) days of the end of each calendar quarter, the Advisor shall provide the Board of Directors with a report comparing the Company’s 's actual performance for such quarter against the Business Plan.

Appears in 1 contract

Samples: Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/)

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Annual Business Plan and Budget. No later than January December 15th of each year, the Advisor shall submit to the Directors a written Business Plan for the current upcoming Fiscal year Year of the Company. Such Business Plan shall include a twelve-month forecast of operations and cash flow with explicit assumptions and a general plan for asset sales or acquisitions, lending, foreclosure and borrowing activity, other investments or ventures and proposed securities offerings or repurchases or any proposed restructuring of the Company. To the extent possible, the Business Plan shall set forth the Advisor’s 's recommendations and the basis therefor with respect to all material investments of the Company. Upon approval approval, including any modifications, by the Board of Directors, the Advisor shall be authorized to conduct the business of the Company in accordance with the explicit provisions of the Business Plan, specifically including the borrowing, leasing, maintenance, capital improvements, renovations and sale of investments set forth in the Business Plan. Any transaction or investment not explicitly provided for in the approved Business Plan shall require the prior approval of the Board of Directors unless made pursuant to authority expressly delegated to the Advisor. Within sixty (60) days of the end of each calendar quarter, the Advisor shall provide the Board of Directors with a report comparing the Company’s 's actual performance for such quarter against the Business Plan.

Appears in 1 contract

Samples: Property Management and Advisory Agreement (Amerivest Properties Inc)

Annual Business Plan and Budget. No later than January 15th December 25th of each ------------------------------- year, the Advisor shall submit to the Directors a written Business Plan for the current upcoming Fiscal year Year of the Company. Such Business Plan shall include a twelve-twelve- month forecast of operations and cash flow with explicit assumptions and a general plan for asset sales or acquisitions, lending, foreclosure and borrowing activity, other investments or ventures and proposed securities offerings or repurchases or any proposed restructuring of the Company. To the extent possible, the Business Plan shall set forth the Advisor’s 's recommendations and the basis therefor with respect to all material investments of the Company. Upon approval approval, including any modifications, by the Board of Directors, the Advisor shall be authorized to conduct the business of the Company in accordance with the explicit provisions of the Business Plan, specifically including the borrowing, leasing, maintenance, capital improvements, renovations and sale of investments set forth in the Business Plan. Any transaction or investment not explicitly provided for in the approved Business Plan shall require the prior approval of the Board of Directors unless made pursuant to authority expressly delegated to the Advisor. Within sixty (60) days of the end of each calendar quarter, the Advisor shall provide the Board of Directors with a report comparing the Company’s 's actual performance for such quarter against the Business Plan.

Appears in 1 contract

Samples: Property Management and Advisory Agreement (Amerivest Properties Inc)

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