Business with Affiliates; Other Activities Sample Clauses

Business with Affiliates; Other Activities. (a) The Venture, directly or through the Subsidiary REIT, may invest in the Project, notwithstanding that Behringer, any of its Affiliates or any BH-Sponsored Investment Program holds a material (or lesser) interest in the Project or that the Project has been recently developed by, or is to be developed by, Behringer, any of its Affiliates or any BH-Sponsored Investment Program, and, subject to Sections 2.6(b) and 6.3(a)(i), may sell, assign or otherwise Transfer interests in the Project or other assets of the Venture or the Subsidiary REIT to, and otherwise enter into a joint venture or other partnership or co-ownership arrangement with, Behringer, any of its Affiliates or any BH-Sponsored Investment Program.
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Business with Affiliates; Other Activities. (a) The Venture, directly or through the Subsidiary REIT, has invested in the Project, notwithstanding that BH Multifamily REIT or its Affiliate may have held a material (or lesser) interest in the Project or that the Project has been developed by Behringer Holdings or any of its Affiliates.
Sample 1
Business with Affiliates; Other Activities. (a) The Venture, directly or through the Subsidiary REIT, may invest in the Project, notwithstanding that BHMF Member, BHMF REIT, any of their respective Affiliates, any BHMF REIT‑Sponsored Investment Program or any BHMF REIT Venture holds a material [***] Confidential material redacted and filed separately with the Securities and Exchange Commission. (or lesser) interest in the Project or that the Project has been recently developed by, or is to be developed by, BHMF Member, BHMF REIT, any of their respective Affiliates, any BHMF REIT‑Sponsored Investment Program or any BHMF REIT Venture, and, subject to Sections 2.6(b) and 6.3(a)(iii), may sell, assign or otherwise Transfer interests in the Project or other assets of the Venture or the Subsidiary REIT to, and otherwise enter into a joint venture or other partnership or co‑ownership arrangement with, BHMF Member, BHMF REIT, any of their respective Affiliates, any BHMF REIT‑Sponsored Investment Program or any BHMF REIT Venture.
Sample 1
Business with Affiliates; Other Activities. (a) The REIT may acquire or invest in the Project, notwithstanding that BHMF REIT, the Manager, their respective Affiliates, any BHMF REIT‑Sponsored Investment Program or any BHMF REIT Venture holds a material (or lesser) interest in the Project or that the Project has been recently developed by, or is to be developed by, BHMF REIT, the Manager, any of their respective Affiliates, any BHMF REIT‑Sponsored Investment Program or any BHMF REIT Venture and, subject to Section 8.2(a), may sell, assign or otherwise Transfer interests in the Project or other assets of the REIT to, and otherwise enter into a joint venture or other partnership or co‑ownership arrangement with, BHMF REIT, the Manager, any of their respective Affiliates, any BHMF REIT‑Sponsored Investment Program or any BHMF REIT Venture, all on such terms and conditions as the Manager determines are fair and reasonable to the REIT.
Sample 1
Business with Affiliates; Other Activities. (a) The Company, directly or indirectly, may, as necessary or appropriate, engage in any transaction with or employ or retain the Manager or any of its Affiliates to provide services (including, without limitation, administration, accounting, construction management, data processing, development, engineering, environmental, financing, insurance brokerage, management and servicing, leasing, legal, market research, mortgage financing, property management or other similar services) that would otherwise be performed for the Company by the third parties on terms (including, without limitation, the consideration to be paid) that are determined by the Manager to be fair and reasonable to the Company, and such Persons may receive from the Company compensation (including, without limitation, salary, salary related employment costs and expenses of the employees who provide such services and other overhead expenses allocable thereto, as reasonably determined by the Manager based on the time expended by the employees who render such services or on a project-by-project basis) in addition to that expressly provided for in this Agreement.
Sample 1
Business with Affiliates; Other Activities 
Sample 1

Related to Business with Affiliates; Other Activities

  • Relationships with Affiliates The Series may enter into any agreement or contract with the Manager, any Affiliate of the Manager, any other series, any Member, any Affiliate of a Member or any agent of the Manager or the Series without the prior approval of any Member, provided that the agreement or contract must be substantially on terms as would be contained in a similar agreement or contract entered into by the Series as the result of arm’s-length negotiations from a comparable unaffiliated and disinterested third party. Each Member acknowledges that each relationship among the Series, the Manager and/or any Affiliate thereof that is described in any Company budget or other document satisfies the requirements of this Section 4.9.

  • Dealings with Affiliates No officer, Trustee or agent of the Trust and no officer, director or agent of any investment advisor shall deal for or on behalf of the Trust with himself as principal or agent, or with any partnership, association or corporation in which he has a material financial interest; provided that the foregoing provisions shall not prevent (a) officers and Trustees of the Trust from buying, holding or selling shares in the Trust, or from being partners, officers or directors of or financially interested in any investment advisor to the Trust or in any corporation, firm or association which may at any time have a distributor’s or principal underwriter’s contract with the Trust; (b) purchases or sales of securities or other property if such transaction is permitted by or is exempt or exempted from the provisions of the Investment Company Act of 1940, as amended (the “1940 Act”) or any Rule or Regulation thereunder and if such transaction does not involve any commission or profit to any security dealer who is, or one or more of whose partners, shareholders, officers or directors is, an officer or Trustees of the Trust or an officer or director of the investment advisor, manager or principal underwriter of the Trust; (c) employment of legal counsel, registrar, transfer agent, shareholder services, dividend disbursing agent or custodian who is, or has a partner, stockholder, officer or director who is, an officer or Trustee of the Trust; or (d) sharing statistical, research and management expenses, including office hire and services, with any other company in which an officer or Trustee of the Trust is an officer or director or financially interested.

  • Certain Business Relationships With Affiliates No Affiliate of the Parent or of any of its Subsidiaries (a) owns any property or right, tangible or intangible, which is used in the business of the Parent or any of its Subsidiaries, (b) has any claim or cause of action against the Parent or any of its Subsidiaries, or (c) owes any money to, or is owed any money by, the Parent or any of its Subsidiaries. Section 3.26 of the Parent Disclosure Schedule describes any transactions involving the receipt or payment in excess of $1,000 in any fiscal year between the Parent or any of its Subsidiaries and any Affiliate thereof which have occurred or existed since the beginning of the time period covered by the Parent Financial Statements.

  • Agreements with Affiliates Except for agreements or arrangements with Affiliates wherein the Borrower or one or more of the Restricted Subsidiaries provides services to such Affiliates for fair consideration and which are set forth on Schedule 9 attached hereto, neither the Borrower nor any of the Restricted Subsidiaries has (i) any agreements or arrangements of any kind with any Affiliate or (ii) any management or consulting agreements of any kind with any Affiliate.

  • Independent Activities; Transactions With Affiliates The Directors shall be required to devote such time to the affairs of the Company as may be necessary to manage and operate the Company, and shall be free to serve any other Person or enterprise in any capacity that the Director may deem appropriate in its discretion. Neither this Agreement nor any activity undertaken pursuant hereto shall (i) prevent any Member or Director or their Affiliates, acting on their own behalf, from engaging in whatever activities they choose, whether the same are competitive with the Company or otherwise, and any such activities may be undertaken without having or incurring any obligation to offer any interest in such activities to the Company or any Member, or (ii) require any Member or Director to permit the Company or Director or Member or its Affiliates to participate in any such activities, and as a material part of the consideration for the execution of this Agreement by each Member, each Member hereby waives, relinquishes, and renounces any such right or claim of participation. To the extent permitted by applicable law and subject to the provisions of this Agreement, the Directors are hereby authorized to cause the Company to purchase Property from, sell Property to or otherwise deal with any Member (including any Member who is also a Director), acting on its own behalf, or any Affiliate of any Member; provided that any such purchase, sale or other transaction shall be made on terms and conditions which are no less favorable to the Company than if the sale, purchase or other transaction had been made with an independent third party.

  • Contracts with Affiliates (a) (i) The Partnership may lend or contribute funds or other assets to its Subsidiaries or other Persons in which it has an equity investment and such Subsidiaries and Persons may borrow funds from the Partnership, on terms and conditions established in the sole and absolute discretion of the General Partner.

  • Burdensome Contracts With Affiliates The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.

  • Transactions with Affiliates Directly or indirectly enter into or permit to exist any material transaction with any Affiliate of Borrower, except for transactions that are in the ordinary course of Borrower’s business, upon fair and reasonable terms that are no less favorable to Borrower than would be obtained in an arm’s length transaction with a non-affiliated Person.

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