Business with Affiliates. (A) The General Partner, in its discretion, may cause the Partnership to transact business with any Partner or its Affiliates for goods or services reasonably required in the conduct of the Partnership’s business; provided that any such transaction shall be effected only on terms competitive with those that may be obtained in the marketplace from unaffiliated Persons. The foregoing proviso shall not apply to transactions between the Partnership and its Subsidiaries. In addition, neither the General Partner nor any Affiliate of the General Partner may sell, transfer or otherwise convey any property to, or purchase any property from, the Partnership, except (i) on terms competitive with those that may be obtained in the marketplace from unaffiliated Persons or (ii) where the General Partner determines, in its sole judgment, that such sale, transfer or conveyance confers benefits on the General Partner or the Partnership in respect of matters of tax or corporate or financial structure; provided, in the case of this clause (ii), such sale, transfer, or conveyance is not being effected for the purpose of materially disadvantaging the Limited Partners.
(B) In furtherance of Section 6.4(A), the Partnership may lend or contribute to its Subsidiaries on terms and conditions established by the General Partner.
Business with Affiliates. The Agent may accept deposits from, lend money to and generally engage in any kind of banking or other business with any Obligor or any Affiliate thereof.
Business with Affiliates. The General Partner, in its discretion, may cause the Partnership to transact business with any Partner or its Affiliates for goods or services reasonably required in the conduct of the Partnership's business; provided that any such transaction shall be effected only on terms competitive with those that may be obtained in the marketplace from unaffiliated Persons. The foregoing proviso shall not apply to transactions between the Partnership and any Subsidiaries of the Partnership. In addition, neither the General Partner nor any Affiliate of the General Partner may sell, transfer or otherwise convey any property to, or purchase any property from, the Partnership, except (i) on terms competitive with those that may be obtained in the marketplace from unaffiliated Persons, or (ii) where the General Partner determines, in its sole judgment, that such sale, transfer or conveyance confers benefits on the General Partner in respect of matters of tax or corporate or financial structure and where the Partnership obtains or retains at least a majority interest in the Person to whom such sale, transfer or conveyance is made; provided, in the case of this clause (ii), such sale, transfer or conveyance is not being effected for the primary purpose of materially disadvantaging the Limited Partners.
Business with Affiliates. (A) Except as otherwise provided in Section 6.04(B) below, the General Partner shall not permit the Partnership or any of its Investments to enter into any transaction with the General Partner or its Affiliates or engage the General Partner or its Affiliates to provide goods or services for additional compensation unless all of the following criteria are complied with:
(i) The fees and other terms and conditions under which the goods or services are to be rendered or the transaction is to be entered into are embodied in a written contract which precisely describes the transaction or the goods or services to be rendered and the compensation, price or fee therefor;
(ii) In the case of a contract for goods or services, such contract is terminable at will by the General Partner or by a majority of the Percentage Interests of the Limited Partners without penalty or any other payment other than for amounts earned prior to the date of termination;
(iii) The terms and conditions of the contract are at least as favorable to the Partnership as the terms generally available in arm’s-length transactions with qualified independent third parties;
(iv) The compensation, price, fees and other benefits to the General Partner and its Affiliates and the formula or method by which they are to be calculated, and the goods, services or other benefits to be provided therefor, are fully disclosed on an Investment by Investment basis in a writing filed with the Limited Partners in advance and Consented to in writing by the Advisory Committee;
(v) The terms and conditions under which the General Partner or any Affiliate is entitled to indemnification shall provide no greater right of indemnification than is provided by Section 6.05;
(vi) The arrangement does not provide for the General Partner or its Affiliates to receive transaction fees, including acquisition, disposition, financing or other similar fees; and
(vii) Such transaction or contract for services is entered into principally for the benefit of the Partnership and in the ordinary course of its business.
(B) Notwithstanding Section 6.04(A) above, the General Partner or an Affiliate thereof shall have the right to:
(i) cause the Partnership to enter into one or more property management and construction management agreements with one or more Affiliates of the General Partner in connection with Investments, pursuant to which any such Affiliate will provide services to the Partnership without complying with the provisions of S...
Business with Affiliates. The Managing Partner may cause the ------------------------ Partnership to transact business with itself or any of its Affiliates for goods or services reasonably required in the conduct of the Partnership's business.
Business with Affiliates. The Company may transact business with any Manager, any Member or any Affiliate thereof on such terms as are consistent with commercially reasonable terms, subject to approval by the Board of Managers.
Business with Affiliates. (A) The General Partner, in its sole and absolute discretion, may cause the Partnership to transact business with the Partners, Affiliates or Subsidiaries for goods or services reasonably required in the conduct of the Business; provided that any such transaction shall be effected only on terms competitive with those that may be obtained in the marketplace from unaffiliated Persons. In addition, except as expressly permitted under this Agreement, neither the General Partner nor any Affiliate of the General Partner may sell, transfer or otherwise convey any property to, or purchase any property from, the Partnership, except on terms competitive with those that may be obtained in the marketplace from unaffiliated Persons.
(B) In furtherance of Section 6.4(A) the Partnership may lend or contribute to its Subsidiaries on terms and conditions established by the General Partner in its sole and absolute discretion.
(C) The General Partner, in its sole and absolute discretion and without the approval of the Limited Partners, may propose and adopt on behalf of the Partnership employee benefit plans, stock option plans, and similar plans funded by the Partnership for the benefit of the employees of the General Partner, the Partnership, Subsidiaries of the Partnership or any Affiliate of any of them in respect of services performed, directly or indirectly, for the benefit of the Partnership, the General Partner of any of the Partnership’s Subsidiaries.
Business with Affiliates. The Managers, in their discretion, may cause the Company to transact business with any Member and/or Manager or any party related to a Member and/or Manager for goods or services reasonably required in the conduct of the Company’s business, provided that any such transaction shall be effected only on terms that are reasonable to the Company.
Business with Affiliates. A General Partner may cause the Partnership to transact business with itself or any Person who directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with the General Partner or any Member of the General Partner, provided that any such transaction shall be effected only on terms competitive with those that may be obtained from unaffiliated Persons and shall be disclosed to all Partners or is the Management Agreement.
Business with Affiliates. Borrower shall not engage in business transactions with any Affiliate of Borrower or of any general partner or Borrower unless the terms and conditions thereof will be intrinsically fair, at not more than market rates and substantially similar or more favorable to those that would be available on an arms-length basis with persons or entities that are not affiliated with each other. The term "Affiliate" shall mean with reference to a specified person that directly or indirectly through one or more intermediaries Controls (hereinafter defined) or is controlled by or is under common Control with the specified person. The term "Control" shall mean in all cases, the power directly or indirectly, to direct or control, or cause the direction of, the management policies of another person, whether through the ownership of voting securities, general partnership interests, common directors, trustees, officers by contract or otherwise. The
