Asset Management Agreement. The REIT and Cottonwood Management will enter into an Asset Management Agreement, the form of which is attached hereto to as Exhibit A. The Asset Management Agreement may not be terminated until the Termination Date, other than because of the fraud, willful misconduct or gross negligence of Cottonwood Management, as determined by a final, non-appealable judgement of a court of competent jurisdiction.
Asset Management Agreement. An asset management agreement on the terms set forth in Exhibit J attached hereto (the “Asset Management Agreement”), duly executed by the applicable affiliate or designee of Hersha Owner;
Asset Management Agreement. The Asset Management Agreement, duly executed by the applicable affiliate or designee of Cindat;
Asset Management Agreement. Pacific Ethanol or any Affiliate of Pacific Ethanol shall challenge the validity or enforceability of any performance guaranty of the obligations of Pacific Ethanol under the Asset Management Agreement at any time that any such obligation exists.
Asset Management Agreement. Master Tenant has executed that certain Asset Management Agreement by and between Master Tenant and Xxxxxxx Real Estate Services, LLC (“Asset Manager”) dated as of February 1, 2011, which grants the Asset Manager the authority to execute, manage and enforce leases as asset manager on behalf of Master Tenant and Landlord,
Asset Management Agreement. On the Closing Date, Purchaser shall cause Equity and EFY Owner to enter into that certain Asset Management Agreement with U.S. Realty Advisors, LLC ("USRA") in the form attached hereto as Schedule D (the "Asset Management Agreement"). Performance of the obligations of EFY Owner and Equity under the Asset Management Agreement shall be secured by an irrevocable letter of direction to Lender with respect to payment of any cash flow, in a form acceptable to USRA.
Asset Management Agreement. The Company shall enter into an asset management agreement substantially in the form of Exhibit D attached hereto (the “Asset Management Agreement”) with Integrated Capital, LLC (the "Asset Manager") or such other entity approved by the Managing Member. The fees payable to Asset Manager shall be as set forth in the Asset Management Agreement.
Asset Management Agreement. The Asset Management Agreement shall be terminated as a result of a breach thereunder by Pacific Ethanol or Pacific Ethanol or any Affiliate of Pacific Ethanol shall challenge the validity or enforceability of any performance guaranty of the obligations of Pacific Ethanol under the Asset Management Agreement.
Asset Management Agreement. Effective as of the Financial Close Date (as defined below), NEDAK and TBF shall enter into an Asset Management Agreement (the “AMA”). The AMA shall have an initial term of seven (7) years and such other terms as mutually agreed upon by TBF and NEDAK. For purposes of this Agreement, the term “Financial Close Date” shall mean the date upon which both (a) the Loan Restructuring has been finalized to the reasonable satisfaction of both the NEDAK Board and TNDK, and (b) the offering of Class B Units pursuant to the PPM has been closed and NEDAK and TNDK have delivered instructions to the Escrow Agent to release the subscription funds held in escrow. The Financial Close Date is currently anticipated to be December 30, 2011.
Asset Management Agreement. The Company has selected, and hereby reaffirms the selection of, Hanover Capital Partners Ltd. as the Asset Manager pursuant to, and in accordance with, the terms and conditions of the Asset Management Agreement. The Members hereby approve such selection. The Manager, on behalf of the Company, has the right to direct the Asset Manager in connection with the performance of its duties under the Asset Management Agreement. If any "Event of Default" under and as defined in Section 5.1(a) of the Asset Management shall occur, the Manager shall promptly notify each Member and take such actions with respect thereto (including, but not limited to, removing and replacing the Asset Manager) as directed by the Required Members.
