Cooperation of the Company. The Company (including the Board of Directors) agrees to take all actions reasonably required to permit and enable the Advisor to carry out its duties and obligations under this Agreement, including, without limitation, all steps reasonably necessary to allow the Advisor to file any registration statement on behalf of the Company in a timely manner. The Company further agrees to use commercially reasonable efforts to make available to the Advisor all resources, information and materials reasonably requested by the Advisor to enable the Advisor to satisfy its obligations hereunder, including its obligations to deliver financial statements and any other information or reports with respect to the Company. If the Advisor is not able to provide a service, or in the reasonable judgment of the Advisor it is not prudent to provide a service, without the approval of the Board of Directors or the Unaffiliated Directors, as applicable, then the Advisor shall be excused from providing such service (and shall not be in breach of this Agreement) until the applicable approval has been obtained.
Appears in 4 contracts
Samples: Advisory Agreement (Desert Capital Reit Inc), Advisory Agreement (Bull Street Real Estate Investment Trust Inc), Advisory Agreement (Desert Capital Reit Inc)
Cooperation of the Company. The Company (including the Board of Directors) agrees to take all actions reasonably required to permit and enable the Advisor to carry out its duties and obligations under this Agreement, including, without limitation, all steps reasonably necessary to allow the Advisor to file any registration statement on behalf of the Company in a timely manner. The Company further agrees to use commercially reasonable efforts to make available to the Advisor all resources, information and materials reasonably requested by the Advisor to enable the Advisor to satisfy its obligations hereunder, including its obligations to deliver financial statements and any other information or reports with respect to the Company. If the Advisor is not able to provide a service, or in the reasonable judgment of the Advisor it is not prudent to provide a service, without the approval of the Board of Directors or the Unaffiliated Independent Directors, as applicable, then the Advisor shall be excused from providing such service (and shall not be in breach of this Agreement) until the applicable approval has been obtained.
Appears in 4 contracts
Samples: Advisory Agreement (CM REIT, Inc.), Form of Advisory Agreement (CM REIT, Inc.), Advisory Agreement (CM REIT, Inc.)
Cooperation of the Company. The Company (including the Board of Directors) agrees to take all actions reasonably required to permit and enable the Advisor Manager to carry out its duties and obligations under this Agreement, including, without limitation, all steps reasonably necessary to allow the Advisor Manager to file any registration statement on behalf of the Company in a timely manner. The Company further agrees to use commercially reasonable efforts to make available to the Advisor Manager all resources, information and materials reasonably requested by the Advisor Manager to enable the Advisor Manager to satisfy its obligations hereunder, including its obligations to deliver financial statements and any other information or reports with respect to the Company. If the Advisor Manager is not able to provide a service, or in the reasonable judgment of the Advisor Manager it is not prudent to provide a service, without the approval of the Board of Directors or the Unaffiliated Directors, as applicable, then the Advisor Manager shall be excused from providing such service (and shall not be in breach of this Agreement) until the applicable approval has been obtained.
Appears in 1 contract
Samples: Management Agreement (Luminent Mortgage Capital Inc)