Common use of Incentive Sales Compensation Clause in Contracts

Incentive Sales Compensation. To encourage periodic sales of appreciated Real Property at optimum value and to reward the Advisor for improved performance of the Company’s Real Property, the Company shall pay to the Advisor, on or before the 45th day after the close of each Fiscal Year, an incentive fee equal to 10% of the amount, if any, by which the aggregate sales consideration for all Real Property sold by the Company during such Fiscal Year exceeds the sum of: (i) the cost of each such Real Property as originally recorded in the Company’s books for tax purposes (without deduction for depreciation, amortization or reserve for losses), (ii) capital improvements made to such assets during the period owned by the Company, and (iii) all closing costs (including real estate commissions) incurred in the sale of such Real Property; provided, however, no incentive fee shall be paid unless (a) such Real Property sold in such Fiscal year, in the aggregate, has produced an 8% simple annual return on the Company’s net investment, including capital improvements, calculated over the Company’s holding period before depreciation and inclusive of operating income and sales consideration and (b) the aggregate Net Operating Income from all Real Property owned by the Company for all of the prior Fiscal Year and the current Fiscal Year shall be at least 5% higher in the current Fiscal Year than in the prior Fiscal Year.

Appears in 4 contracts

Samples: Advisory Agreement (American Realty Investors Inc), Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/), Advisory Agreement (Transcontinental Realty Investors Inc)

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Incentive Sales Compensation. To encourage periodic sales of appreciated Real Property at optimum value and to reward the Advisor for improved performance of the Company’s 's Real Property, the Company shall pay to the Advisor, on or before the 45th day after the close of each Fiscal Year, an incentive fee equal to 10% of the amount, if any, by which the aggregate sales consideration for all Real Property sold by the Company during such Fiscal Year exceeds the sum of: (i) the cost of each such Real Property as originally recorded in the Company’s 's books for tax purposes (without deduction for depreciation, amortization or reserve for losses), (ii) capital improvements made to such assets during the period owned by the Company, and (iii) all closing costs costs, (including real estate commissions) incurred in the sale of such Real Property; provided, provided however, no incentive fee shall be paid unless (a) such Real Property sold in such Fiscal yearYear, in the aggregate, has produced an 8% simple annual return on the Company’s 's net investment, including capital improvements, calculated over the Company’s 's holding period before depreciation and inclusive of operating income and sales consideration and (b) the aggregate Net Operating Income from all Real Property owned by the Company for all of the prior Fiscal Year and the current Fiscal Year shall be at least 5% higher in the current Fiscal Year than in the prior Fiscal Year.

Appears in 4 contracts

Samples: Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (Transcontinental Realty Investors Inc), Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/)

Incentive Sales Compensation. To encourage periodic sales of appreciated Real Property at optimum value and to reward the Advisor for improved performance of the Company’s Real Property, the Company shall pay to the Advisor, on or before the 45th day after the close of each Fiscal Year, an incentive fee equal to 10% of the amount, if any, by which the aggregate sales consideration for all Real Property sold by the Company during such Fiscal Year exceeds the sum of: (i) the cost of each such Real Property as originally recorded in the Company’s books for tax purposes (without deduction for depreciation, amortization or reserve for losses), (ii) capital improvements made to such assets during the period owned by the Company, and (iii) all closing costs (including real estate commissions) incurred in the sale of such Real Property; , provided, however, no incentive fee shall be paid unless (a) such Real Property sold in such Fiscal year, in the aggregate, has produced an 8% simple annual return on the Company’s net investment, including capital improvements, calculated over the Company’s holding period before depreciation and inclusive of operating income and sales consideration and (b) the aggregate Net Operating Income from all Real Property owned by the Company for all of the prior Fiscal Year and the current Fiscal Year shall be at least 5% higher in the current Fiscal Year than in the prior Fiscal Year.

Appears in 1 contract

Samples: Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/)

Incentive Sales Compensation. To encourage periodic sales of appreciated Real Property at optimum value and to reward the Advisor for improved performance of the Company’s 's Real Property, the Company shall pay to the Advisor, on or before the 45th day after the close of each Fiscal Year, an incentive fee equal to 10% of the amount, if any, by which the aggregate sales consideration for all Real Property sold by the Company during such Fiscal Year exceeds the sum of: (i) the cost of each such Real Property as originally recorded in the Company’s 's books for tax purposes (without deduction for depreciation, amortization or reserve for losses), (ii) capital improvements made to such assets during the period owned by the Company, Company and (iii) all closing costs (including real estate commissions) incurred in the sale of such Real Property; provided, however, no incentive fee shall be paid unless (a) such Real Property sold in such Fiscal yearYear, in the aggregate, has produced an 8% simple annual return on the Company’s 's net investment, investment including capital improvements, calculated over the Company’s 's holding period period, before depreciation and inclusive of operating income and sales consideration and (b) the aggregate Net Operating Income from all Real Property owned by the Company for all of the prior Fiscal Year and the current Fiscal Year shall be at least 5% higher in the current Fiscal Year than in the prior Fiscal Year.be

Appears in 1 contract

Samples: Advisory Agreement (Transcontinental Realty Investors Inc)

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Incentive Sales Compensation. To encourage periodic sales of ---------------------------- appreciated Real Property at optimum value and to reward the Advisor for improved performance of the Company’s 's Real Property, the Company shall pay to the Advisor, on or before the 45th day after the close of each Fiscal Year, an incentive fee equal to 10% of the amount, if any, by which the aggregate sales consideration for all Real Property sold by the Company during such Fiscal Year exceeds the sum of: (i) the cost of each such Real Property as originally recorded in the Company’s 's books for tax purposes (without deduction for depreciation, amortization or reserve for losses), (ii) capital improvements made to such assets during the period owned by the Company, and (iii) all closing costs costs, (including real estate commissions) incurred in the sale of such Real Property; provided, provided however, no incentive fee shall be paid unless (a) such Real Property sold in such Fiscal yearYear, in the aggregate, has produced an 8% simple annual return on the Company’s 's net investment, including capital improvements, calculated over the Company’s 's holding period before depreciation and inclusive of operating income and sales consideration and (b) the aggregate Net Operating Income from all Real Property owned by the Company for all of the prior Fiscal Year and the current Fiscal Year shall be at least 5% higher in the current Fiscal Year than in the prior Fiscal Year.

Appears in 1 contract

Samples: Advisory Agreement (Income Opportunity Realty Investors Inc /Tx/)

Incentive Sales Compensation. To encourage periodic sales of appreciated Real Property at optimum value and to reward the Advisor for improved performance of the Company’s Trust's Real Property, the Company Trust shall pay to the Advisor, on or before the 45th day after the close of each Fiscal Year, an incentive fee equal to 10% of the amount, if any, by which the aggregate sales consideration for all Real Property sold by the Company Trust during such Fiscal Year exceeds the sum of: (i) the cost of each such Real Property as originally recorded in the Company’s Trust's books for tax purposes (without deduction for depreciation, amortization or reserve for losses), (ii) capital improvements made to such assets during the period owned by the Company, Trust and (iii) all closing costs (including real estate commissions) incurred in the sale of such Real Property; provided, however, no incentive fee shall be paid unless (a) such Real Property sold in such Fiscal yearYear, in the aggregate, has produced an 8% simple annual return on the Company’s Trust's net investment, investment including capital improvements, calculated over the Company’s Trust's holding period period, before depreciation and inclusive of operating income and sales consideration and (b) the aggregate Net Operating Income from all Real Property owned by the Company Trust for all of the prior Fiscal Year and the current Fiscal Year shall be at least 5% higher in the current Fiscal Year than in the prior Fiscal Year.

Appears in 1 contract

Samples: Advisory Agreement (Continental Mortgage & Equity Trust)

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