Common use of Interested Party Transaction Clause in Contracts

Interested Party Transaction. Manager shall not (i) consummate any transaction which would involve the acquisition by the Company of property in which Manager or any of its affiliates has an ownership interest or the sale by the Company of property to Manager or any of its affiliates, or (ii) under circumstances where Manager is subject to an actual or potential conflict of interest because it manages both the Company and another Person (not an affiliate of the Company) with which the Company has a contractual relationship, take any action constituting the granting to such other Person of a waiver, forebearance or other relief, or the enforcement against such other Person of remedies, under or with respect to the applicable contract, unless such transaction or action, as the case may be and in each case, is approved by a majority of the Independent Directors.

Appears in 4 contracts

Samples: Management and Advisory Agreement (Arbor Realty Trust Inc), Management and Advisory Agreement (Arbor Realty Trust Inc), Management and Advisory Agreement (Arbor Realty Trust Inc)

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