Common use of Clawback of Key Money Investment Clause in Contracts

Clawback of Key Money Investment. If the Advisor makes a Key Money Investment, the Advisor shall receive a per annum return of 5% on each Key Money Investment (such per annum return together with the initial Key Money Investment amount, the “Anticipated Key Money Return”), through the payment of the Key Money Asset Management Fees and Key Money Incentive Fees, if applicable. If the Company either (i) disposes of any Key Money Asset or (ii) terminates this Agreement (or the applicable asset management agreement) for any reason, in each case prior to date the Advisor has received the Anticipated Key Money Return (calculated on an investment by investment basis), the Company shall pay to the Advisor an amount equal to the difference between the Anticipated Key Money Return and the amount actually received by the Advisor in Key Money Asset Management Fees and Key Money Incentive Fees related to each Key Money Asset (the “Key Money Clawback Amount”). The Key Money Clawback Amount, if any, shall be due and payable on the same date the Company disposes of the property, whether by sale or otherwise.